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.
31279
Dara Wilder 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2009-05-14 | Correspondence (sent by the Court) to, Mr. Wilder returning documents. Document not microfilmed -see file | |
| 2009-03-10 | Close file on Leave | |
| 2009-03-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-03-06 | Judgment on leave sent to the parties | |
| 2009-03-05 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the applications for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA031910, 2008 BCCA 370, dated September 19, 2008, are dismissed. Dismissed |
|
| 2009-03-05 |
Decision on motion to extend time to file and /or serve the leave application, De Granted |
|
| 2009-02-05 | Correspondence (sent by the Court) to, Mr. Wilder re: motion cannot be accected for filing (documents returned) | |
| 2009-02-02 | Notice of miscellaneous motion, Dara Wilder for self, Rule 78, Completed on: 2009-02-02 | Dara Wilder |
| 2009-01-26 | All materials on application for leave submitted to the Judges, LeB De Cro | |
| 2009-01-26 | Submission of motion to extend time to file and/ or serve the leave application, LeB De Cro | |
| 2009-01-26 | Order on motion to extend time | |
| 2009-01-26 |
Decision on motion to extend time, to serve the respondent's response to Dec. 19/08, DeRg Granted |
|
| 2009-01-23 | Submission of motion to extend time, DeRg | |
| 2009-01-21 |
Decision on the miscellaneous motion, waiving the payment of fees, DeRg Granted |
|
| 2009-01-21 | Submission of miscellaneous motion, DeRg | |
| 2009-01-21 | Response to miscellaneous motion, (Letter Form), from F. Lacasse dated Jan. 21/09 (joint with response to the motion to extend time) (by fax), Completed on: 2009-01-21 | Her Majesty the Queen |
| 2009-01-21 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), from F. Lacasse dated Jan. 21/09 re: does not object (joint with response to miscellaneous motion) (by fax), Completed on: 2009-01-21 | Her Majesty the Queen |
| 2009-01-20 | Motion to extend time, to serve the response to Dec. 19/08, Completed on: 2009-01-20 | Her Majesty the Queen |
| 2009-01-12 | Notice of miscellaneous motion, for exemption from payment motion fees (book form), Completed on: 2009-01-12 | Dara Wilder |
| 2009-01-12 | Motion to extend the time to file and or serve the application for leave to appeal, to file one day late - motion to request fee waiver rec'd Jan. 12/09 (book form), Completed on: 2009-01-12 | Dara Wilder |
| 2008-12-31 | Applicant's reply to respondent's argument, (served on Dec. 29/08 - confirmed with Justice Canada) (second application), Completed on: 2008-12-31 | Dara Wilder |
| 2008-12-31 | Applicant's reply to respondent's argument, (served on Dec. 29/08 - confirmed with Justice Canada) (first application), Completed on: 2009-01-20 | Dara Wilder |
| 2008-12-29 | Correspondence received from, D. Wilder by fax re: enclosing proof of delivery at the Supreme Court of Canada on Nov. 19/08 and confirming service of the authorities | Dara Wilder |
| 2008-12-22 | Correspondence received from, D. Simon dated Dec. 22/08 re: L. Smith's reply confirming no publication ban (by e-mail) | Her Majesty the Queen |
| 2008-12-17 | Respondent's response on the application for leave to appeal, to both applications (extension of time for late service requested - rec'd Jan. 20/09) (service missing - rec'd Dec. 29/08), Completed on: 2009-01-20 | Her Majesty the Queen |
| 2008-12-12 | Book of authorities, Vol. I & II (service missing - rec'd by fax on Dec. 29/08 from D. Wilder confirming he had served the authorities at the same time with all other documents) | Dara Wilder |
| 2008-12-10 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2008-11-19 | Application for leave to appeal, re: " to quash the restitution order" (book form) (fee missing - motion to request fee waiver rec'd Jan. 12/09) (second application) (see first application and material in support), Completed on: 2008-11-19 | Dara Wilder |
| 2008-11-19 | Supplemental document, Exhibits - Sentence vol. I to vol. VI (to both applications) | Dara Wilder |
| 2008-11-19 | Application for leave to appeal, extension of time for filing one day late requested - rec'd Jan. 12/09. Proof of delivery at the S.C.C. on Nov. 19/08 rec'd by fax on Dec. 29/08. (C/A Order rec'd Jan. 14/09) (first application), Completed on: 2009-01-14 | Dara Wilder |
| 2008-11-18 | Correspondence received from, D. Wilder dated Nov. 17/08 re: confirming he is sending by courier an application for leave to appeal and enclosing the proof of service (by fax) | Dara Wilder |
| 2008-06-19 | Correspondence (sent by the Court) to, D. Wilder by the Registrar re: no further remedies available | |
| 2008-05-27 | Correspondence received from, D. Wilder dated May 9/08 re: enclosing motion (Habeas Corpus) | Dara Wilder |
| 2008-04-10 | Reconsideration not accepted for filing, documents returned | |
| 2008-01-24 | Letter acknowledging receipt of an incomplete motion for reconsideration | |
| 2008-01-04 | Motion for reconsideration of the application for leave to appeal, (1 copy, service and $25 rec'd Feb. 11/08), Completed on: 2008-02-11 | Dara Wilder |
| 2008-01-03 | Reopen file | |
| 2007-02-23 | Close file on Leave | |
| 2007-02-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-02-23 | Judgment on leave sent to the parties | |
| 2007-02-22 |
Decision on motion to adduce new evidence Dismissed |
|
| 2007-02-22 |
Judgment of the Court on the application for leave to appeal, The motion to file new evidence and the application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA031910, 2006 BCCA 1, dated January 3, 2006, are dismissed. Dismissed |
|
| 2006-11-20 | All materials on application for leave submitted to the Judges, (revised from Ba, LeB, F) to, Ba LeB De | |
| 2006-11-20 | Submission of motion to adduce new evidence, (revised from Ba, LeB, F) to, Ba LeB De | |
| 2006-11-09 |
Decision on motion to extend time, to serve and file the applicant's reply to Oct. 30/06 and permission to file a lengthy reply of 10 pages, Reg Granted |
|
| 2006-11-09 | Submission of motion to extend time, Reg | |
| 2006-11-09 | Response to motion to extend time, from R. Frater (fax copy), Completed on: 2006-11-09 | Her Majesty the Queen |
| 2006-10-31 | Motion to extend time, to serve and file the reply to Oct. 27/06 and to file a lengthy reply of 10 pages (by fax - original rec'd Nov. 6/06), Completed on: 2006-10-31 | Dara Wilder |
| 2006-10-30 | Correspondence received from, S. Wilder dated Oct. 27/06 re: enclosing $50.00 for the motion to extend time and to file a lengthy reply to come later by fax | Dara Wilder |
| 2006-10-30 | Applicant's reply to respondent's argument, (motion to extend time and to file lengthy reply to come - rec'd by fax on Oct. 31/06), Completed on: 2006-10-31 | Dara Wilder |
| 2006-10-20 | Correspondence received from, S. Wilder (by fax) re: will file a reply | Dara Wilder |
| 2006-10-10 | Respondent's response on the application for leave to appeal, Completed on: 2006-10-10 | Her Majesty the Queen |
| 2006-10-02 | Motion to adduce new evidence, (bookform), Completed on: 2006-10-05 | Dara Wilder |
| 2006-09-12 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-09-08 |
Decision on motion to file a lengthy memorandum of argument, of the applicant (41 pages), Reg Granted |
|
| 2006-09-07 | Submission of motion to file a lengthy memorandum of argument, Reg | |
| 2006-09-07 | Response to the motion to file a lengthy memorandum of argument, (by fax), Completed on: 2006-09-07 | Her Majesty the Queen |
| 2006-08-30 | Correspondence received from, Mrs. Wilder dated Aug.30/06 re: confirmation that all ten volumes of the application have been served on the counsel for the respondent (by fax - original rec'd Sept. 6/06 with $50.00 motion fee and motion) | Dara Wilder |
| 2006-08-29 | Motion to file a lengthy memorandum of argument, (40 pages) (by fax - original rec'd Sept. 6/06), Completed on: 2006-08-29 | Dara Wilder |
| 2006-08-29 | Application for leave to appeal, Volumes I through X, Completed on: 2006-08-29 | Dara Wilder |
| 2006-07-17 | Correspondence (sent by the Court) to, Mr. Wilder returning his amended notice of appeal | |
| 2006-05-31 | Order on motion to extend the time to file and/or serve the leave application, (BY DESCHAMPS J.) | |
| 2006-05-31 |
Decision on motion to extend time to file and /or serve the leave application, De, UPON APPLICATION by the applicant for an order, pursuant to Rule 64, extending the time to serve and file an application for leave to appeal; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: 1) The motion of the applicant is granted. 2) The application for leave to appeal shall be served and filed within 90 days of this order. Granted |
|
| 2006-05-31 | Submission of motion to extend time to file and/ or serve the leave application, De | |
| 2006-05-26 | Correspondence received from, S. Wilder dated May 17/06 re: enclosing $50.00 cheque for the motion | Dara Wilder |
| 2006-05-23 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), consent to the extension of time - Mrs. Smith also confirm receiving the Notice on May 12/06. cc. to the appellant, Completed on: 2006-05-23 | Her Majesty the Queen |
| 2006-05-12 | Motion to extend the time to file and or serve the application for leave to appeal, for 90 days (7 copies) ($50.00 requested - rec'd May 26/06), Completed on: 2006-05-26 | Dara Wilder |
| 2006-04-18 | Letter and notice pursuant to Rule 64 sent to, all parties (delivered May 1/06) | |
| 2006-01-23 | Correspondence (sent by the Court) to, D. M. Wilder from the Registrar re: returning appeal as of right (sent by fax and mail) | |
| 2006-01-10 | Correspondence received from, S. Wilder re: enclosing notice of application for leave to appeal, notice of appeal, form 25B, reasons and $50.00 filing fee | Dara Wilder |
| 2006-01-10 | Notice of application for leave to appeal, (joint with Form 25B and C/A reasons) | Dara Wilder |
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 |
|---|---|---|
| Wilder, Dara | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Wilder, Dara
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
Lindsay Smith (604) 685-8289
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 775-7475
FAX: (604) 666-1599
Email: robert.prior@sppc-ppsc.gc.ca
Agent
284 Wellington Street
2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca
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.
Canadian Charter - Criminal - Fraud - Sentencing - Restitution - Whether the British Columbia Court of Appeal has made out an infringement of the s. 7 Charter right to silence every taxpayer - Whether the Court of Appeal has continuously and unreasonably oppressed the Applicant through violating and/or failing to protect his rights - Whether the Court of Appeal discriminated and exhibited bias toward the Applicant through inconsistent decisions, infringing his rights as guaranteed by ss. 7, 12 and 15 of the Charter - Whether the Court of Appeal exhibited bias, incompetence and negligence in ignoring that the Canada Revenue Agency failed to provide properly documented, detailed and supported material in support of the request for restitution - Whether the Court of Appeal exhibited bias and oppressed the Applicant in participating in and/or aiding and abetting the lower courts in continuously, for ten years, issuing unfounded negative decisions following the Applicant’s acquittal.
Wilder was convicted of seven counts of fraud and one count of possessing the proceeds derived from those frauds. He was sentenced to nine years in jail and a ordered to pay a restitution order of $5 million. The frauds arose within a sophisticated scheme carried out in 1984 and 1985 utilizing the Scientific Research and Tax Credit program under the Income Tax Act. As president of two companies, Wilder signed certificates falsely warranting that the companies had incurred expenses on research and development far in excess of their actual expenditures, leading to the fraudulent creation of tax credits for which cash of $38 million was paid to the companies, defrauding the Canadian government.
After a trial lasting almost three years, Wilder was acquitted. The Court of Appeal allowed the Crown’s appeal and ordered a new trial. Leave to this Court was denied. The re-trial lasted two years. Wilder was subsequently convicted and his appeal on the conviction was dismissed. Leave to this Court was denied, as was a motion for reconsideration of the dismissal of the application for leave to appeal. Wilder now appeals his sentence and restitution order which was also denied by the Court of Appeal.
Lower court rulings
Supreme Court of British Columbia
CC901654
Applicant acquitted of seven counts of fraud and one count of possession of property obtained by fraud
Court of Appeal for British Columbia (Vancouver)
CA025231
Acquittal set aside, new trial ordered
Supreme Court of British Columbia
CC901654, 2003 BCSC 1840
Applicant convicted of seven counts of fraud and one count of possession of property obtained by crime.
Supreme Court of British Columbia
CC901654, 2004 BCSC 644
Applicant sentenced to 9 years in jail and restitution order of $5,000,000
Court of Appeal for British Columbia (Vancouver)
CA031910, 2006 BCCA 1
Appeal to conviction dismissed
Court of Appeal for British Columbia (Vancouver)
CA031910, 2008 BCCA 370
Appeal to sentence dismissed; Applications to amend the indictment and reopen trial, 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
Related links
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
Related links
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