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31125

Lawrence Richard Hape v. Her Majesty the Queen

(Ontario) (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)
2007-07-09 Formal judgment sent to the registrar of the court of appeal and all parties
2007-06-14 Appeal closed
2007-06-08 Formal judgment sent to the registrar of the court of appeal and all parties
2007-06-08 Judgment on appeal and notice of deposit of judgment sent to all parties
2007-06-07 Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for Ontario, Numbers C39067 and C39164, dated July 28, 2005, heard on October 12, 2006, is dismissed and the convictions are affirmed.
Dismissed
2006-10-25 Transcript received, (74 pages)
2006-10-12 Judgment reserved OR rendered with reasons to follow
2006-10-12 Acknowledgement and consent for video taping of proceedings
2006-10-12 Respondent's condensed book, 11 copies - distributed in Court. Her Majesty the Queen
2006-10-12 Appellant's condensed book, 14 copies - distributed in Court Lawrence Richard Hape
2006-10-12 Hearing of the appeal, 2006-10-12, CJ Ba Bi LeB De F Abe Cha Ro
Judgment reserved
2006-10-05 Order on motion to extend time
2006-10-05 Decision on motion to extend time, to serve and file the intervener, A.G. Ontario's book of authorities to Sept. 18/06, DeRg
Granted
2006-10-04 Submission of motion to extend time, DeRg
2006-10-03 Response to motion to extend time, (Letter Form), from Gold & Ass. dated Oct. 3/06, Completed on: 2006-10-03 Lawrence Richard Hape
2006-09-28 Notice of appearance, Robert W. Hubbard and John North will be appearing at the hearing. Her Majesty the Queen
2006-09-22 Response to motion to extend time, Completed on: 2006-09-22 Her Majesty the Queen
2006-09-19 Notice of appearance, Alan D. Gold and Vanessa Arsenault will be appearing. Lawrence Richard Hape
2006-09-18 Motion to extend time, to serve and file the book of authorities to Sept. 18/06, Completed on: 2006-09-18 Attorney General of Ontario
2006-09-18 Book of authorities, Completed on: 2006-09-18 Attorney General of Ontario
2006-09-12 Order by, Bi, FURTHER TO THE ORDER of Binnie J. dated July 17, 2006, granting leave to intervene to the Attorney General of Ontario;
IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
Granted
2006-09-11 Intervener's factum, (Print size to small, revised factum rec'd Sept. 15/06), Completed on: 2006-09-25 Attorney General of Ontario
2006-08-23 Notice of hearing sent to parties
2006-08-21 Appeal hearing scheduled, 2006-10-12, (previously Oct. 18/06)
Judgment reserved
2006-07-17 Order on motion for leave to intervene, (BY BINNIE J.)
2006-07-17 Decision on the motion for leave to intervene, Bi, UPON APPLICATION by the Attorney General of Ontario for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion 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 20 pages in length.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener 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 intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention.
Granted
2006-07-17 Submission of motion for leave to intervene, Bi
2006-07-10 Appeal perfected for hearing
2006-07-07 Respondent's record, Completed on: 2006-07-07 Her Majesty the Queen
2006-07-07 Respondent's book of authorities, Completed on: 2006-07-07 Her Majesty the Queen
2006-07-07 Respondent's factum, Completed on: 2006-07-07 Her Majesty the Queen
2006-06-19 Response to the motion for leave to intervene, Completed on: 2006-06-19 Lawrence Richard Hape
2006-06-19 Response to the motion for leave to intervene, Completed on: 2006-06-19 Her Majesty the Queen
2006-06-09 Motion for leave to intervene, Completed on: 2006-06-09 Attorney General of Ontario
2006-05-17 Correspondence received from, D. Simon (by e-mail) re: change of counsel from C. Tobias to R. Hubbard Lawrence Richard Hape
2006-05-11 Appellant's book of authorities, Completed on: 2006-05-11 Lawrence Richard Hape
2006-05-11 Appellant's factum, with CD, Completed on: 2006-05-11 Lawrence Richard Hape
2006-05-10 Appellant's record, (Vol. 1 & 2), Completed on: 2006-05-10 Lawrence Richard Hape
2006-02-17 Notice of appeal, Completed on: 2006-02-17 Lawrence Richard Hape
2006-02-07 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2006-01-20 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2006-01-20 Judgment on leave sent to the parties
2006-01-19 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, Numbers C39067 and C39164, dated July 28, 2005, is granted on the Charter issue only.

Granted
2005-12-21 All materials on application for leave submitted to the Judges, CJ Bi Cha
2005-10-31 Applicant's reply to respondent's argument, Completed on: 2005-10-31 Lawrence Richard Hape
2005-10-21 Respondent's response on the application for leave to appeal, Completed on: 2005-10-21 Her Majesty the Queen
2005-09-23 Letter acknowledging receipt of an incomplete application for leave to appeal
2005-09-22 Book of authorities Lawrence Richard Hape
2005-09-22 Application for leave to appeal, Lower Court judgment requested - rec'd Sept 29/05., Completed on: 2005-09-29 Lawrence Richard Hape

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
Hape, Lawrence Richard Appellant Active

v.

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

Other parties

Other parties
Name Role Status
Attorney General of Ontario Intervener Active

Counsel

Party: Hape, Lawrence Richard

Counsel
Name
Alan D. Gold
Contact information
Alan D. Gold Professional Corporation
210 - 20 Adelaide St. E.
Toronto, Ontario
M5C 2T6
Telephone: (416) 368-1726
FAX: (416) 368-6811
Email: adgold@on.aibn.com
Agent
Name
Lawrence Greenspon
Contact information
Greenspon, Brown & Associates
470 Somerset Street West
Ottawa, Ontario
K1R 5J8
Telephone: (613) 288-2890
FAX: (613) 288-2896
Email: email@lgreenspon.com

Party: Her Majesty the Queen

Counsel
Names
Robert W. Hubbard
John North
Contact information
Public Prosecution Service of Canada
Exchange Tower, P.O. Box 36
2400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-9042
FAX: (416) 973-8253
Email: robert.hubbard@jus.gov.on.ca
Agent
Name
François Lacasse
Contact information
Director of Public Prosecution of Canada
284 Wellington Street
2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca

Party: Attorney General of Ontario

Counsel
Name
Michal Fairburn
Contact information
Attorney General of Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4658
FAX: (416) 326-4656
Email: michal.fairburn@ontario.ca
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
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.

A money-laundering investigation led the RCMP to the Turks and Caicos Islands where they conducted both covert and overt searches of Hape’s offices with the co-operation of local police, eventually seizing large quantities of information. While there was little or no evidence adduced on this point, it would appear that search and seizure warrants were issued locally. The Appellant’s application to exclude records seized by the RCMP pursuant to s. 8 of the Charter was dismissed and he was convicted of two counts of money laundering. On appeal, the Court of Appeal dismissed the appeal.

Lower court rulings

January 17, 2002
Ontario Superior Court of Justice

2002 O.J. No. 3714

Appellant's application to exclude records seized by the RCMP pursuant to s. 8 of the Charter dismissed

June 10, 2002
Ontario Superior Court of Justice


Appellant convicted on two counts of money laundering contrary to s. 9 of the Controlled Drugs and Substances Act

July 28, 2005
Court of Appeal for Ontario

C39067, C39164

Appeals against conviction and sentence dismissed

Filed documents

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 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 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

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

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-05-13