Case information
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29670
Her Majesty the Queen v. Walter Tessling
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2005-02-08 | Appeal closed | |
| 2005-02-07 | Record returned to the Registrar of the Court of Appeal | |
| 2004-11-01 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-10-29 |
Judgment on the appeal rendered, Iacobucci and Arbour JJ. took no part in the judgment., CJ Ia Ma Ba Bi Arb LeB De F, The appeal from the judgment of the Court of Appeal for Ontario, Number C36111, dated January 27, 2003, heard on April 16, 2004 is allowed and the conviction restored. *Iacobucci and Arbour J.J. took no part in the judgment. Allowed |
|
| 2004-05-04 | Transcript received, (85 pages) | |
| 2004-04-16 | Judgment reserved OR rendered with reasons to follow | |
| 2004-04-16 | Respondent's condensed book, 13 copies | Walter Tessling |
| 2004-04-16 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2004-04-16 |
Hearing of the appeal, 2004-04-16, CJ Ia Ma Ba Bi Arb LeB De F Judgment reserved |
|
| 2004-04-14 | Notice of appearance, Dominique Jobin and Gilles Laporte will be present at hearing. | Attorney General of Québec |
| 2004-04-05 |
Order by, Ba, UPON APPLICATIONS by the Attorney General of Ontario, the Attorney General of Quebec and the Canadian Civil Liberties Association, for leave to intervene in the above appeal and pursuant to the order of February 4, 2004; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2004-04-05 | Order on motion to extend time | |
| 2004-04-05 |
Decision on motion to extend time, to serve and file the intervener, the Attorney General of Ontario's, factum to March 29/04 and book of authorities to March 31/04 and to present an oral argument, Ba Granted |
|
| 2004-04-05 | Submission of motion to extend time, Ba | |
| 2004-03-31 | Notice of appearance, J.W. Leising and Morris Pistyner will be present at hearing. | Her Majesty the Queen |
| 2004-03-31 | Response to motion to extend time, Completed on: 2004-03-31 | Walter Tessling |
| 2004-03-31 | Response to motion to extend time, Completed on: 2004-03-31 | Her Majesty the Queen |
| 2004-03-31 | Motion to extend time, to file the intervener's factum to 03/29/04 and the book of authorities to 03/31/04, Completed on: 2004-03-31 | Attorney General of Ontario |
| 2004-03-31 | Book of authorities, Completed on: 2004-03-31 | Attorney General of Ontario |
| 2004-03-29 | Notice of appearance, e-mail from Ed Van Bemmel advising that Frank Miller and A. Thomas Costaris will be present at hearing. | Walter Tessling |
| 2004-03-29 | Intervener's factum, Completed on: 2004-03-29 | Attorney General of Ontario |
| 2004-03-26 | Order on motion to strike out, (BY FISH J.) | |
| 2004-03-26 |
Decision on motion to strike out, F, UPON APPLICATION by the respondent for an order striking certain paragraphs from the appellant's factum; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2004-03-24 | Book of authorities, Completed on: 2004-03-24 | Canadian Civil Liberties Association |
| 2004-03-24 | Intervener's factum, Completed on: 2004-03-24 | Canadian Civil Liberties Association |
| 2004-03-24 | Book of authorities, Completed on: 2004-03-24 | Attorney General of Québec |
| 2004-03-24 | Intervener's factum, Completed on: 2004-03-24 | Attorney General of Québec |
| 2004-03-19 | Notice of hearing sent to parties | |
| 2004-03-18 | Submission of motion to strike out, F | |
| 2004-03-18 |
Appeal hearing scheduled, 2004-04-16 Judgment reserved |
|
| 2004-03-16 | Reply to motion to strike out, (book form), Completed on: 2004-04-13 | Walter Tessling |
| 2004-03-11 | Response to motion to strike out, 3 copies, Completed on: 2004-03-11 | Her Majesty the Queen |
| 2004-03-02 | Motion to strike out, entirely or parts of paragraphs 2,3,4,10,11,16,35,36,79 and 88, Completed on: 2004-03-02 | Walter Tessling |
| 2004-02-11 | Respondent's record, Completed on: 2004-02-11 | Walter Tessling |
| 2004-02-11 | Respondent's book of authorities, vol. I to VII, Completed on: 2004-02-11 | Walter Tessling |
| 2004-02-11 | Respondent's factum, Completed on: 2004-02-11 | Walter Tessling |
| 2004-02-11 | Appeal perfected for hearing | |
| 2004-02-11 | Order on motion to adduce new evidence, (BY FISH J.) | |
| 2004-02-11 |
Decision on motion to adduce new evidence, F, I am satisfied that the proposed fresh evidence could not possibly affect the outcome of the appeal to this Court. Accordingly, the motion is dismissed. Dismissed |
|
| 2004-02-05 | Submission of motion to adduce new evidence, F | |
| 2004-02-04 | Order on motion for leave to intervene, (BY BASTARACHE J.) | |
| 2004-02-04 |
Decision on the motion for leave to intervene, Ba, The motion for leave to intervene of the applicant, the Canadian Civil Liberties Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 24, 2004. The motion for leave to intervene of the applicant, the Attorney General of Quebec, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 24, 2004. The motion to extend the time to apply for leave to intervene and for leave to intervene of the applicant, the Attorney General of Ontario, is granted and the applicant shall be entitled to serve and file a factum not to exceed 30 pages in length on or before March 24, 2004. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2004-02-04 | Submission of motion for leave to intervene, Ba | |
| 2004-01-30 | Response to the motion for leave to intervene, (fax copy) re: intervention by A.G. Quebec, Completed on: 2004-01-30 | Her Majesty the Queen |
| 2004-01-29 | Response to the motion for leave to intervene, (Letter Form), from Gowlings dated Jan. 29, 2004 (via e-mail) re: interventions by Ontario, Quebec and CCLA, Completed on: 2004-01-29 | Walter Tessling |
| 2004-01-27 | Response to the motion for leave to intervene, by A.G. of Ontario, Completed on: 2004-01-27 | Her Majesty the Queen |
| 2004-01-22 | Response to the motion to adduce new evidence, (bookform), Completed on: 2004-01-22 | Walter Tessling |
| 2004-01-16 | Response to the motion for leave to intervene, by Canadian Civil Liberties, Completed on: 2004-01-16 | Her Majesty the Queen |
| 2004-01-16 | Motion for leave to intervene, (extension of time included), Completed on: 2004-01-16 | Attorney General of Ontario |
| 2004-01-14 | Motion for leave to intervene, Completed on: 2004-01-14 | Attorney General of Québec |
| 2004-01-13 | Motion for leave to intervene, book form, Completed on: 2004-01-13 | Canadian Civil Liberties Association |
| 2004-01-13 | Motion to adduce new evidence, (namely affidavits of A. Leatherdale and R. Souccar) - book form (6 copies), Completed on: 2004-01-13 | Her Majesty the Queen |
| 2003-12-17 | Appellant's book of authorities, (Volumes I and II), Completed on: 2003-12-17 | Her Majesty the Queen |
| 2003-12-17 | Appellant's record, Completed on: 2003-12-17 | Her Majesty the Queen |
| 2003-12-17 | Appellant's factum, Completed on: 2003-12-17 | Her Majesty the Queen |
| 2003-12-05 | Order on motion to adduce new evidence, (BY FISH J.) | |
| 2003-12-05 |
Decision on motion to adduce new evidence, F, I am satisfied that the proposed fresh evidence could not possibly affect the outcome of the appeal to this Court. Accordingly, the motion is dismissed. Dismissed |
|
| 2003-12-01 | Submission of motion to adduce new evidence, F | |
| 2003-11-27 | Reply to motion to adduce new evidence, (book form), Completed on: 2003-11-27 | Walter Tessling |
| 2003-11-21 | Response to the motion to adduce new evidence, book form - 6 copies, Completed on: 2003-11-21 | Her Majesty the Queen |
| 2003-11-12 | Motion to adduce new evidence, book form, Completed on: 2003-11-12 | Walter Tessling |
| 2003-10-08 | Appeal court record, (1 box) | |
| 2003-09-25 | Notice of appeal, Completed on: 2003-09-25 | Her Majesty the Queen |
| 2003-09-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-08-29 | Judgment on leave sent to the parties | |
| 2003-08-28 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C36111, dated January 27, 2003, is granted. Granted |
|
| 2003-06-16 | All materials on application for leave submitted to the Judges, Ia Bi LeB | |
| 2003-05-09 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-04-23 | Respondent's response on the application for leave to appeal, Completed on: 2003-04-23 | Walter Tessling |
| 2003-03-28 | Application for leave to appeal, Completed on: 2003-05-09 | Her Majesty the Queen |
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
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Tessling, Walter | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Québec | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
3400 First Canadian Place, PO Box 36
130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-3747
FAX: (416) 973-8253
Agent
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Tessling, Walter
Counsel
Windsor, Ontario
N9A 4M8
Telephone: (519) 258-3044
FAX: (519) 255-1719
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Québec
Counsel
Dominique Jobin
1200 Rte de l'Église
2e Étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: glaporte@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Canadian Civil Liberties Association
Counsel
Peter M. Brauti
Brian Wasyliw
Box 48, Suite 4700
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8182
FAX: (416) 868-0673
Agent
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
Party: Attorney General of Ontario
Counsel
720 Bay St., 10th Fl.
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4585
FAX: (416) 326-4656
Email: scott.hutchison@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
None.
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.
Alfred Lefebvre leased a Dodge road vehicle from Jules Baillot & Fils Ltée. The three-year lease contract was transferred to the Appellant Services Financiers DaimlerChrysler Canada Inc. On November 1, 2000, Lefebvre filed for bankruptcy and the Respondent Lebel was appointed as trustee of his estate. On November 24, 2000, the Appellant filed a claim with the trustee for the return of the Dakota vehicle in the trustee’s possession and also published the lease and the transfer through a Personal and Movable Real Rights registration. On December 5, 2000, the Respondent trustee notified the Appellant that its claim was disputed because of the late registration of the lease and of the transfer. The Appellant filed a motion with the Superior Court to appeal the trustee’s notice disputing its claim.
The Superior Court dismissed the Appellant’s motion on the ground that the lease was, as provided for in article 1852(2) of the Civil Code of Québec, subject to publication. The Appellant’s appeal was dismissed by the Court of Appeal of Québec, which held that the legislator has made mandatory the Personal and Movable Real Rights registration of long-term road vehicle leases.
Lower court rulings
Ontario Superior Court of Justice
00-CR-05850
Respondent found guilty of possession of marijuana for the purposes of trafficking and related offences under ss. 95, 29 (1), 86 (1) of the Criminal Code and ss. 7 (1), 5 (2), 4 (1) of the Controlled Drugs and Substances Act
Court of Appeal for Ontario
C36111
Appeal allowed; convictions set aside, verdicts of acquittal entered
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.
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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.
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