Case information
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25969
Bert Thomas Stone 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.
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
v.
Other parties
Counsel
Party: Stone, Bert Thomas
Counsel
David G. Butcher
1200 - 1125 Howe St
Vancouver, British Columbia
V6Z 2K8
Telephone: (604) 682-7474
FAX: (604) 682-1283
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Her Majesty the Queen
Counsel
Box 94
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 661-1022
FAX: (604) 689-5177
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Canada
Counsel
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca
Party: Attorney General of Alberta
Counsel
9833 - 109th St
Edmonton, Alberta
T5K 2E8
Telephone: (403) 427-3496
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General for Ontario
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4580
FAX: (416) 326-4656
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
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.
None.
Lower court rulings
Supreme Court of British Columbia
x
Conviction: manslaughter
Court of Appeal for British Columbia (Victoria)
CA021423
Appeal dismissed
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.
Downloadable PDFs
Not available
Related links
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.
Downloadable PDFs
Not available
Related links
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1999-09-28 | Appeal closed | |
| 1999-06-28 | Record returned to the Registrar of the Court of Appeal, (joint with 26032) | |
| 1999-06-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 1999-06-08 | Copy of formal judgment being prepared | |
| 1999-05-28 | Notice of deposit of judgment sent to all parties | |
| 1999-05-27 |
Judgment on the appeal rendered, CJ L'HD G Co McL Ia Ma Ba Bi, The appeal from conviction is dismissed, Lamer C.J. and Iacobucci, Major and Binnie JJ. dissenting. The Crown's sentence appeal is dismissed and the sentence imposed by the sentencing judge is reaffirmed. Dismissed, no order as to costs |
|
| 1998-07-15 | General proceeding, transcript received and distributed to the justices (136 pages)(joint with26032) | |
| 1998-06-26 | General proceeding, 12 copies of Condensed case on appeal | Bert Thomas Stone |
| 1998-06-26 |
Hearing of the appeal, 1998-06-26, CJ L'HD G Co McL Ia Ma Ba Bi Decision reserved |
|
| 1998-06-24 | Notice of appearance, (joint with 26032) | Her Majesty the Queen |
| 1998-06-23 | Notice of appearance, (joint with 26032) | Bert Thomas Stone |
| 1998-06-15 | Book of authorities, 12 copies (joint with 26032), with service, Completed on: 1998-06-15 | Attorney General for Ontario |
| 1998-06-05 | Book of authorities, 12 copies, with service, Completed on: 1998-06-05 | Attorney General of Alberta |
| 1998-06-01 | Book of authorities, 12 copies of vol. III, Completed on: 1998-06-01 | Bert Thomas Stone |
| 1998-05-26 | Proof of service, of the factum of A. G. Alberta (book form), with service | |
| 1998-05-25 | Intervener's factum, 25 copies (joint with 26032), with service, Completed on: 1998-05-25 | Attorney General for Ontario |
| 1998-05-25 | Book of authorities, 10 copies (conviction appeal), Completed on: 1998-05-25 | Her Majesty the Queen |
| 1998-05-22 | Intervener's factum, 23 copies, Completed on: 1998-05-22 | Attorney General of Alberta |
| 1998-05-21 | Book of authorities, 12 copies (joint with 26032), with service, Completed on: 1998-05-21 | Attorney General of Canada |
| 1998-05-21 | Intervener's factum, 24 copies (joint with 26032), with service, Completed on: 1998-05-21 | Attorney General of Canada |
| 1998-05-15 |
Decision on the motion for leave to intervene, 5 copies (joint with motion to extend the time), CJ Granted, no order as to costs |
|
| 1998-05-15 | Submission of motion for leave to intervene, CJ | |
| 1998-05-15 |
Decision on motion to extend time, CJ Granted, no order as to costs |
|
| 1998-05-15 | Submission of motion to extend time, CJ | |
| 1998-05-15 | Order on motion for leave to intervene, for Chief Justice's Order on motions for leave to intervene see file (Joint with 26032) | |
| 1998-05-15 |
Decision on motion to extend time, for leave to intervene, CJ Granted, no order as to costs |
|
| 1998-05-15 | Submission of motion to extend time, 1998-05-15, for leave to intervene, CJ | |
| 1998-05-15 |
Decision on the motion for leave to intervene, Leave is granted to file a factum of 20 pages by May 25/98 and oral argument limited to 15 minutes (Joint with 26032), CJ Granted, no order as to costs |
|
| 1998-05-15 | Submission of motion for leave to intervene, 1998-05-15, Leave is granted to file a factum of 20 pages by May 25/98 and oral argument limited to 15 minutes (Joint with 26032), CJ | |
| 1998-05-15 |
Decision on motion to extend time, for leave to intervene (Joint with 26032), CJ Granted, no order as to costs |
|
| 1998-05-15 | Hearing of motion to extend time, 1998-05-15, for leave to intervene (Joint with 26032), CJ | |
| 1998-05-15 | Submission of motion to extend time, 1998-05-15, for leave to intervene (Joint with 26032), CJ | |
| 1998-05-15 |
Decision on the motion for leave to intervene, Leave is granted to file a factum of 20 pages by May 22/98 and oral argument limited to 15 minutes (Joint with 26032), CJ Granted, no order as to costs |
|
| 1998-05-15 | Hearing of motion for leave to intervene, 1998-05-15, Leave is granted to file a factum of 20 pages by May 22/98 and oral argument limited to 15 minutes (Joint with 26032), CJ | |
| 1998-05-15 | Submission of motion for leave to intervene, 1998-05-15, Leave is granted to file a factum of 20 pages by May 22/98 and oral argument limited to 15 minutes (Joint with 26032), CJ | |
| 1998-05-15 | Order on motion to adjourn the hearing of the appeal, for Chief Justice's Order see file (Joint with 26032) | |
| 1998-05-15 |
Decision on motion to adjourn the hearing of the appeal, to the Fall Sittings. Appeals are scheduled to be heard on June 26/98 (Joint with 26032), CJ Dismissed, no order as to costs |
|
| 1998-05-15 | Hearing of motion to adjourn the hearing of the appeal, 1998-05-15, to the Fall Sittings. Appeals are scheduled to be heard on June 26/98 (Joint with 26032), CJ | |
| 1998-05-15 | Submission of motion to adjourn the hearing of the appeal, 1998-05-15, to the Fall Sittings. Appeals are scheduled to be heard on June 26/98 (Joint with 26032), CJ | |
| 1998-05-15 |
Decision on the motion for leave to intervene, Leave is granted to file a factum of 20 pages by May 21/98, CJ Granted, no order as to costs |
|
| 1998-05-15 | Hearing of motion for leave to intervene, 1998-05-15, Leave is granted to file a factum of 20 pages by May 21/98, CJ | |
| 1998-05-15 | Submission of motion for leave to intervene, 1998-05-15, Leave is granted to file a factum of 20 pages by May 21/98, CJ | |
| 1998-05-14 | Respondent's factum, 24 copies, with service, Completed on: 1998-05-14 | Her Majesty the Queen |
| 1998-05-14 | Affidavit, (of Gary T. Trotter)(joint with 26032), with service | Attorney General for Ontario |
| 1998-05-14 | Affidavit, for leave to intervene (of Gary T. Trotter)(joint with 26032), with service | Attorney General for Ontario |
| 1998-05-14 | Motion to extend time, for leave to intervene (joint with 26032), with service, Completed on: 1998-05-14 | Attorney General for Ontario |
| 1998-05-14 | $50.00 filing fee for notice of motion, fo leave to intervene receipt 30559 | Attorney General for Ontario |
| 1998-05-14 | Motion for leave to intervene, (joint with 26032), with service, Completed on: 1998-05-14 | Attorney General for Ontario |
| 1998-05-14 | Correspondence (sent by the Court) to, (by fax) dated May 14/98 from Gil McKinnon re: provided Mr. Butcher with Crown's factum today | |
| 1998-05-13 | $50.00 filing fee for notice of motion, to adjourn receipt #30607 | Bert Thomas Stone |
| 1998-05-13 | Affidavit, to the Fall session (David G. Butcher)(joint with 26032), with service | Bert Thomas Stone |
| 1998-05-13 | Motion to adjourn the hearing of the appeal, to the Fall session (joint with 26032), with service, Completed on: 1998-05-13 | Bert Thomas Stone |
| 1998-05-13 | Correspondence (sent by the Court) to, (by fax) dated May 13/98 from Robert E. Houston, Q.C. re: it is the Crown's position that these appeals should proceed on May 28/98as scheduled | |
| 1998-05-13 | Correspondence (sent by the Court) to, (by fax) from Gil McKinnon re: no objection to the intervention of A.G. of Canada but oppose an adjournment from May 28/98 | |
| 1998-05-07 | Motion to extend time, to file the motion to intervene (AMENDED) (joint with 26032), with service, Completed on: 1998-05-07 | Attorney General of Canada |
| 1998-05-07 | $50.00 filing fee for notice of motion, (deducted from Justice account re: amended motion) | Attorney General of Canada |
| 1998-05-07 | Affidavit, of R. Frater (AMENDED) - 5 copies, with service | Attorney General of Canada |
| 1998-05-07 | Motion for leave to intervene, (AMENDED) (joint with 26032) - 5 copies, with service, Completed on: 1998-05-07 | Attorney General of Canada |
| 1998-05-04 | Affidavit, of Henry Brown, with service | Attorney General of Alberta |
| 1998-05-04 | $50.00 filing fee for notice of motion, receipt no. 30543, with service | Attorney General of Alberta |
| 1998-05-04 | Motion for leave to intervene, (and to file the factum on May 21, 1998), with service, Completed on: 1998-05-04 | Attorney General of Alberta |
| 1998-05-01 | $50.00 filing fee for notice of motion, (deducted from Justice account) | Attorney General of Canada |
| 1998-05-01 | Motion to extend time, to file the motion to intervene - 5 copies, with service, Completed on: 1998-05-01 | Attorney General of Canada |
| 1998-05-01 | Affidavit, of Robert Frater (5 copies), with service | Attorney General of Canada |
| 1998-05-01 | Motion for leave to intervene, 5 copies (joint with motion to extend the time), with service, Completed on: 1998-05-01 | Attorney General of Canada |
| 1998-04-29 | Appeal court record, (1 envelope)(joint with 26032) | |
| 1998-04-23 | Proof of service, 1 copy of appellant's factum (admitted on Apr. 21\98), with service | |
| 1998-04-22 | Book of authorities, 12 copie of vol. I & II, Completed on: 1998-04-22 | Bert Thomas Stone |
| 1998-04-22 | Notice of hearing, With service | Bert Thomas Stone |
| 1998-04-21 | Proof of service, of appellant's factum upon the A.G.`s | |
| 1998-04-20 | Response to motion to extend time, to file the appellant's factum to April 15, 1998 (Burke-Robertson), Completed on: 1998-04-20 | Her Majesty the Queen |
| 1998-04-20 | Affidavit, to file the appellant's factum to April 15, 1998 (David Butcher), with service | Bert Thomas Stone |
| 1998-04-20 | Motion to extend time, to file the appellant's factum to April 15, 1998, Completed on: 1998-04-20 | Bert Thomas Stone |
| 1998-04-20 | Correspondence (sent by the Court) to, sent to David G. Butcher advising him to ensure that all Attorneys General and Ministers of Justice receive a copy of his factum by A. Roland | |
| 1998-04-20 | Order on motion to extend time, to file their factum | |
| 1998-04-20 |
Decision on motion to extend time, to file their factum to Apr. 15/98, Reg Granted, no order as to costs |
|
| 1998-04-20 | Hearing of motion to extend time, 1998-04-20, to file their factum to Apr. 15/98, Reg | |
| 1998-04-20 | Submission of motion to extend time, 1998-04-20, to file their factum to Apr. 15/98, Reg | |
| 1998-04-17 | Correspondence (sent by the Court) to, (by fax) dated April 17/98 from Gil McKinnon re: Respondent does not wish to take any position about notifying Attorneys-General | |
| 1998-04-16 | Correspondence (sent by the Court) to, from D. Butcher to Registrar, letter dated April 11, 1998 re: requesting as to whether the Attorneys General should be given notice of this appeal | |
| 1998-04-15 | Appellant's factum, 24 copies (extension of time requested), Completed on: 1998-04-15 | Bert Thomas Stone |
| 1998-04-15 |
Appeal hearing scheduled, 1998-06-26 Decision reserved |
|
| 1998-03-30 | Correspondence (sent by the Court) to, from G. McKinnon to Karen Collins, letter dated March 27, 1998 (fax copy) re: will require one hour for the conviction appeal and one hour for the sentence appeal (joint with 26032) | |
| 1998-03-24 | General proceeding, 24 copies of CASE ON APPEAL NO. 4 (joint with 26032) | Bert Thomas Stone |
| 1998-03-02 | Appeal perfected for hearing, Session beginning on 1998-04-27 | |
| 1998-02-23 | Correspondence (sent by the Court) to, from G. McKinnon, letter dated Feb. 23, 1998 (fax copy) re: would like to have the appeals (26032 and 25969) heard in the Spring Session (joint with 26032) | |
| 1997-12-30 | Certified casebook, 1 copy of vols. 1 to 3 (joint with 26032) (see also VOLUME 4 filed on March 24/98), with service | Bert Thomas Stone |
| 1997-12-30 | Case on appeal, 23 copies of vols. 1 to 3 (joint with 26032) (see also VOLUME 4 filed on March 24/98), with service | Bert Thomas Stone |
| 1997-11-07 | Order granting leave to appeal | |
| 1997-11-07 | Correspondence (sent by the Court) to, sent to A.G. of British Columbia (Vancouver, BC) enclosing copy of Rule 32 | |
| 1997-11-07 | Correspondence (sent by the Court) to, sent to Singleton Urquhart Scott (Vancouver, BC) enclosing copy of Rule 32 | |
| 1997-11-05 | Notice of appeal, 1 copy, with service, Completed on: 1997-11-05 | Bert Thomas Stone |
| 1997-10-29 | Correspondence (sent by the Court) to, sent to Singleton Urquhart Scott (Vancouver, BC) enclosing copy of Rule 32 | |
| 1997-10-29 | Correspondence (sent by the Court) to, sent to A.G. of British Columbia (Vancouver, BC) enclosing copy of Rule 32 | |
| 1997-10-28 | Notice of appeal, SERVED IN ERROR TO THE FEDERAL CROWN (see notice filed on Nov. 5/97), with service, Completed on: 1997-10-28 | Bert Thomas Stone |
| 1997-10-20 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON) | |
| 1997-10-20 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1997-10-16 | Decision on motion to extend time to file and /or serve the leave application, (fictitious), L'HD So Ia | |
| 1997-10-16 |
Judgment of the Court on the application for leave to appeal, L'HD So Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1997-06-27 | Submission of motion to extend time to file and/ or serve the leave application, L'HD So Ia | |
| 1997-06-27 | All materials on application for leave submitted to the Judges, L'HD So Ia | |
| 1997-05-28 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-05-28 | Her Majesty the Queen |
| 1997-05-15 | Correspondence received from, sent to Burke-Robertson enclosing copy of letter dated May 15/97 sent to applicant | |
| 1997-05-15 | Correspondence received from, sent to Gowling, Strathy & Henderson to acknowledge receipt of material commencing a proceeding together with filing fee | |
| 1997-05-01 | Response to the motion to extend the time to file and / or serve the leave application, to May 1, 1997 (Gil McKinnon) (included in the application for leave to appeal), with service, Completed on: 1997-05-01 | Her Majesty the Queen |
| 1997-05-01 | General proceeding, 5 copies of Excerpts from transcripts of proceedings at trial (to be sent with the application for leave to appeal), with service | Bert Thomas Stone |
| 1997-05-01 | $50.00 filing fee, receipt no. 34051 | Bert Thomas Stone |
| 1997-05-01 | Application for leave to appeal, 5 copies, with service, Completed on: 1997-05-01 | Bert Thomas Stone |
| 1997-05-01 | Affidavit, to May 1, 1997 (D. G. Butcher) (included in the application for leave to appeal), with service | Bert Thomas Stone |
| 1997-05-01 | Motion to extend the time to file and or serve the application for leave to appeal, (included in the application for leave to appeal) - 5 copies, with service, Completed on: 1997-05-01 | Bert Thomas Stone |
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 |
|---|---|---|
| Stone, Bert Thomas | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
Counsel
Party: Stone, Bert Thomas
Counsel
David G. Butcher
1200 - 1125 Howe St
Vancouver, British Columbia
V6Z 2K8
Telephone: (604) 682-7474
FAX: (604) 682-1283
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Her Majesty the Queen
Counsel
Box 94
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 661-1022
FAX: (604) 689-5177
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Canada
Counsel
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca
Party: Attorney General of Alberta
Counsel
9833 - 109th St
Edmonton, Alberta
T5K 2E8
Telephone: (403) 427-3496
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General for Ontario
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4580
FAX: (416) 326-4656
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
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.
None.
Lower court rulings
Supreme Court of British Columbia
x
Conviction: manslaughter
Court of Appeal for British Columbia (Victoria)
CA021423
Appeal dismissed
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.
Downloadable PDFs
Not available
Related links
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.
Downloadable PDFs
Not available