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Case information

Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.


29276

Michael Joseph Tate v. Her Majesty the Queen

(British Columbia) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2006-03-13 Close file on Leave
2006-03-10 Reconsideration not accepted for filing, (documents returned)
2005-11-07 Response to motion for reconsideration of the application for leave to appeal, Completed on: 2006-02-01 Her Majesty the Queen
2005-10-24 Letter acknowledging receipt of an incomplete motion for reconsideration, (sent by fax)
2005-10-21 Motion for reconsideration of the application for leave to appeal, (joint with extension)(service received on Oct. 31, 2005), Completed on: 2005-11-01 Michael Joseph Tate
2005-10-21 Motion to extend time, to file the motion for reconsideration (joint), Completed on: 2005-11-01 Michael Joseph Tate
2003-01-31 Judgment on leave sent to the parties
2003-01-30 Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the application for leave to appeal from the judgment of the Court of Appeal of British Columbia (Victoria), Number CA028065, dated March 14, 2002, is dismissed.
Dismissed
2003-01-30 Decision on motion to extend time to file and /or serve the leave application
Granted
2002-12-23 All materials on application for leave submitted to the Judges, Ia Bi LeB
2002-12-23 Submission of motion to extend time to file and/ or serve the leave application, Ia Bi LeB
2002-12-20 Supplemental document, full judgment of trial judge ruling/jugement du juge du procès Michael Joseph Tate
2002-11-29 Applicant's reply to respondent's argument, (Letter Form), (format lettre) C. Purves dated/en date 26-11-02 re: will not be filing a reply/ne produira pas de réplique, Completed on: 2002-11-29 Michael Joseph Tate
2002-11-25 Correspondence received from, C. Purves dated Nov. 21, 2002 re: status of the file Michael Joseph Tate
2002-07-24 Letter acknowledging receipt of a complete application for leave to appeal
2002-07-23 Correspondence received from, Purves, Hickford dated July 23, 2002 (fax copy) re: it does not appear there was a ban on publication Michael Joseph Tate
2002-07-22 Response to the motion to extend the time to file and / or serve the leave application, (including in response on leave application), Completed on: 2002-07-22 Her Majesty the Queen
2002-07-22 Respondent's response on the application for leave to appeal, Completed on: 2002-07-22 Her Majesty the Queen
2002-06-24 Motion to extend the time to file and or serve the application for leave to appeal, (included in leave application), Completed on: 2002-06-24 Michael Joseph Tate
2002-06-24 Application for leave to appeal, Completed on: 2002-06-24 Michael Joseph Tate

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Tate, Michael Joseph Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: Tate, Michael Joseph

Counsel
Denis Berntsen
302 - 2537 Beacon Avenue
Sidney, British Columbia
V8L 1Y3
Telephone: (250) 656-3800
FAX: (250) 656-3871
Email: berntsen@shaw.ca

Party: Her Majesty the Queen

Counsel
M. Joyce DeWitt-Van Oosten
Attorney General of British Columbia
PO Box 9276 Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (250) 387-0284
FAX: (250) 387-0090
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Summary

Keywords

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Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

November 14, 2000
Supreme Court of British Columbia

108696-KD

Applicant's statements to police after arrest are admissible as evidence

November 15, 2000
Supreme Court of British Columbia


Hearsy statements of deceased are with exceptions admissible as evidence

December 8, 2000
Supreme Court of British Columbia

108696-KD

Applicant convicted, by jury, of first-degree murder, contrary to s.235 of the Criminal Code

March 14, 2002
Court of Appeal for British Columbia (Victoria)

CA028065

Appeal against conviction dismissed

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-02-27