Case information
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37170
Jamie Gregory v. Her Majesty the Queen
(Nova Scotia) (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) |
|---|---|---|
| 2017-02-13 | Close file on Leave | |
| 2017-02-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-02-13 | Judgment on leave sent to the parties | |
| 2017-02-09 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal is dismissed without costs. In any event, had such motion been granted, the application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 300542, 2013 NSCA 102, dated September 13, 2013, would have been dismissed without costs. Dismissed, without costs |
|
| 2016-12-19 | All materials on application for leave submitted to the Judges, Mo Côt Row | |
| 2016-12-19 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2016-12-09 | Correspondence received from, Jamie Gregory dated 2016-12-07. Re: Application for judicial review to the Federal Courts | Jamie Gregory |
| 2016-10-19 | Correspondence received from, Lynne Watt dated 2016-10-19. Re: Takes no position on the late filing of the reply | Her Majesty the Queen |
| 2016-10-14 | Correspondence received from, Jamie Gregory dated 2016-10-11. Re: Filing of a transcript of April 4, 2013 on a cd | Jamie Gregory |
| 2016-10-14 | Certificate (on limitations to public access) | Jamie Gregory |
| 2016-10-14 | Notice of name | Jamie Gregory |
| 2016-10-14 | Applicant's reply to respondent's argument, (Letter Form), Motion for extension of time requested - granted by the Registrar under Rule 6(1)., Completed on: 2016-12-13 | Jamie Gregory |
| 2016-09-28 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2016-09-28 | Respondent's response on the application for leave to appeal, Completed on: 2016-09-28 | Her Majesty the Queen |
| 2016-09-21 | Correspondence received from, Jamie Gregory dated 2016-08-28. Re: Return of the C/A order form | Jamie Gregory |
| 2016-09-02 | Letter advising parties of an incomplete application for leave to appeal, File opened on 2016-09-02 | |
| 2016-09-02 | Certificate (on limitations to public access) | Jamie Gregory |
| 2016-08-22 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2016-08-18 | Letter acknowledging receipt of an application for leave to appeal | |
| 2016-08-18 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2016-08-18 | Jamie Gregory |
| 2016-08-18 | Application for leave to appeal, Judgments rec'd on 2016-09-02. Missing the orders - Rec'd on 2016-10-06, Completed on: 2016-10-06 | Jamie Gregory |
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 |
|---|---|---|
| Gregory, Jamie | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Gregory, Jamie
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
1225 - 1505 Barrington St.
Halifax, Nova Scotia
B3J 3K5
Telephone: (902) 424-8734
FAX: (902) 424-4484
Email: gumperja@gov.ns.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.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.
Criminal Law – Appeal – Leave to Appeal – Whether applicant raises a legal issue – Whether issue is of public importance.
Mr. Gregory was convicted of second degree murder for killing a bartender at a Legion. He and the bartender argued when the bartender asked him to leave the premises. The bartender shoved Mr. Gregory off a stool. Mr. Gregory punched the bartender in the head, delivered further punches, and struck the bartender in the head three times with a fire extinguisher. At trial, defence counsel raised a defence of provocation. Neither defence counsel nor the trial judge addressed whether Mr. Gregory was incapable of forming the mens rea required to convict for murder because of intoxication.
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
CRAD 280602
Conviction: second degree murder
Nova Scotia Court of Appeal
CAC 300542, 2013 NSCA 102
Appeal 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