Case information
Consult our database for details on a Supreme Court of Canada case.
41166
Michael Kirby v. His Majesty the King
(New Brunswick) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-08-16 | Close file on Leave | |
| 2024-08-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-08-15 | Judgment on leave sent to the parties | |
| 2024-08-15 |
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 of New Brunswick, Number 16-23-CA, 2024 NBCA 32, dated February 22, 2024, is dismissed. Dismissed |
|
| 2024-07-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-04-11 | Certificate (on limitations to public access), (Letter Form), 23B;, (Printed version filed on 2024-04-17) | His Majesty the King |
| 2024-04-11 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-04-17) | His Majesty the King |
| 2024-04-11 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2024-04-15, (Printed version filed on 2024-04-17) | His Majesty the King |
| 2024-03-18 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2024-03-18; | |
| 2024-03-14 |
Certificate (on limitations to public access), (Letter Form), 23B; Amended version received 2024-03-26;, (Printed version filed on 2024-03-15) |
Michael Kirby |
| 2024-03-14 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-03-15) | Michael Kirby |
| 2024-03-14 | Application for leave to appeal, (Book Form), Completed on: 2024-03-14, (Printed version filed on 2024-03-15) | Michael Kirby |
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 |
|---|---|---|
| Kirby, Michael | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Kirby, Michael
Counsel
412 Queen St., Suite 210
Fredericton, New Brunswick
E3B 1B6
Telephone: (506) 444-5539
FAX: (506) 462-2290
Email: ben.reentovich@gnb.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: His Majesty the King
Counsel
PO Box 6000
Fredericton, New Brunswick
E2L 3G6
Telephone: (506) 658-2580
FAX: (506) 658-3061
Email: joanne.park@gnb.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Charter of Rights and Freedoms — Right to be tried within a reasonable time — Criminal law — Inconsistent verdicts — Whether adjournments should have been characterized as defence delay — Whether period of delay should be attributed solely to defence for failure to raise delay in a timely manner — Whether convictions for criminal negligence and acquittal for breaching a court order, arising from same factual matrix, were inconsistent?
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.
(PUBLICATION BAN IN CASE)
Mr. Kirby’s dogs bit two people. He was charged with criminal negligence causing bodily harm and an undertaking required him to keep his dogs on his property at all times except to exercise them one at a time on a leash and securely muzzled. Two dogs escaped his property and bit two more people. He was charged with two counts of criminal negligence causing bodily harm and breach of the undertaking. The trial judge dismissed a motion to stay charges for unreasonable delay, convicted on the four counts of criminal negligence causing bodily harm, and acquitted on the count of breach of an undertaking. The Court of Appeal dismissed an appeal.
Lower court rulings
Court of King's Bench of New Brunswick
2023 NBKB 157
Convictions on four counts of criminal negligence causing bodily harm; acquittal for failing to comply with a court undertaking
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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