Docket
39440
Victor Samaniego v. Her Majesty the Queen
(Ontario) (Criminal) (As of Right)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-04-08 | Appeal closed | |
| 2022-03-25 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2022-03-25 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2022-03-25 | Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal for Ontario, Number C66310, 2020 ONCA 439, dated July 6, 2020, heard on November 5, 2021, is dismissed. Côté, Brown and Rowe JJ. dissent. Dismissed |
|
| 2021-11-24 | Transcript received, 49 pages require: hard copy (rec'd 2021-11-30) |
|
| 2021-11-05 | Judgment reserved OR rendered with reasons to follow | |
| 2021-11-05 | Hearing of the appeal, 2021-11-05, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment reserved |
|
| 2021-11-03 | Appellant's condensed book, (Book Form), (Printed version filed on 2021-11-03) | Victor Samaniego |
| 2021-11-01 | Respondent's condensed book, (Book Form), (Printed version filed on 2021-11-02) | Her Majesty the Queen |
| 2021-10-28 | Correspondence (sent by the Court) to, Registration link and instructions for upcoming November Zoom hearing | |
| 2021-10-05 | Notice of appearance, (Letter Form), Louis P. Strezos and Michelle Biddulph will appear at the hearing ; Louis P. Strezos will present oral argument. , (Printed version due on 2021-10-13) |
Criminal Lawyers' Assocation (Ontario) |
| 2021-10-05 | Notice of appearance, (Letter Form), Chris Rudnicki and Karen Lau-Po-Hung will appear and present oral argument at the hearing., (Printed version due on 2021-10-13) | Victor Samaniego |
| 2021-10-04 | Notice of appearance, (Letter Form), Craig Harper and Jacob Millns will appear at the hearing. Craig Harper will present oral argument at the hearing. Received: amended notice of appearance 2021-10-20, (Printed version due on 2021-10-12) |
Her Majesty the Queen |
| 2021-09-13 | Notice of change of counsel | Victor Samaniego |
| 2021-07-09 | Other book of authorities, (Book Form), Reply Factum, Completed on: 2021-08-23, (Printed version due on 2021-07-16) | Her Majesty the Queen |
| 2021-07-09 | Reply factum on appeal, (Book Form), Required: - Proof of service (rec'd 2021-08-23), Completed on: 2021-08-23, (Printed version due on 2021-07-16) |
Her Majesty the Queen |
| 2021-07-02 | Intervener's factum, (Book Form), Completed on: 2021-08-23, (Printed version due on 2021-07-09) | Criminal Lawyers' Assocation (Ontario) |
| 2021-06-28 | Notice of hearing sent to parties | |
| 2021-06-28 | Appeal hearing scheduled, 2021-11-05 Judgment reserved |
|
| 2021-06-07 | Order on motion to extend time, motion by respondent (signed by Justice Martin) | |
| 2021-06-07 | Order on motion to extend time, motion by appellant (signed by Justice Martin) | |
| 2021-06-07 | Decision on motion to extend time, Mar, UPON APPLICATION by the respondent to extend the time to serve and file their factum, record and book of authorities to May 17, 2021; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for extension of time is granted. The respondent is permitted to present oral argument at the appeal pursuant to Rule 71(3) of the Supreme Court of Canada Rules. Granted |
|
| 2021-06-07 | Decision on motion to extend time, Mar, UPON APPLICATION by the appellant to extend the time to serve and file his factum, record and book of authorities to March 19, 2021; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for extension of time is granted. Granted |
|
| 2021-06-07 | Submission of motion to extend time, (respondent), Mar | |
| 2021-06-07 | Submission of motion to extend time, (appellant), Mar | |
| 2021-05-21 | Motion to extend time, (Book Form), to serve and file the respondent's factum, Completed on: 2021-05-31 | Her Majesty the Queen |
| 2021-05-20 | Order on motion for leave to intervene, by Justice Martin | |
| 2021-05-20 | Order on motion to extend time, by Justice Martin | |
| 2021-05-20 | Decision on the motion for leave to intervene, Mar, UPON APPLICATION by Criminal Lawyers’ Association of Ontario for an extension of time to serve and file the motion for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time is granted. The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before July 2, 2021. The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. The respondent is permitted to file a reply factum not to exceed five (5) pages in length on or before July 9, 2021. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and the respondent any additional disbursements resulting from their intervention. Granted |
|
| 2021-05-20 | Decision on motion to extend time, Mar Granted |
|
| 2021-05-20 | Submission of motion for leave to intervene, Mar | |
| 2021-05-20 | Submission of motion to extend time, Mar | |
| 2021-05-17 | Certificate (on limitations to public access), (Letter Form), Form 23B , (Printed version filed on 2021-05-18) | Her Majesty the Queen |
| 2021-05-17 | Certificate (on limitations to public access), (Letter Form), Form 23A , (Printed version filed on 2021-05-18) |
Her Majesty the Queen |
| 2021-05-17 | Respondent's book of authorities, (Book Form), REQUIRE: motion to extend the time to file (motion filed 2021-05-21, decision rendered 2021-06-07), Completed on: 2021-06-08, (Printed version filed on 2021-05-18) | Her Majesty the Queen |
| 2021-05-17 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2021-05-18) | Her Majesty the Queen |
| 2021-05-17 | Respondent's record, (Book Form), (5 volumes), motion to extend the time to file (motion filed 2021-05-21, decision rendered 2021-06-07) , Completed on: 2021-06-08, (Printed version filed on 2021-05-18) | Her Majesty the Queen |
| 2021-05-17 | Respondent's factum, (Book Form), REQUIRE: motion to extend the time to file the Respondent appeal materials (motion filed 2021-05-21, decision rendered 2021-06-07) , Completed on: 2021-06-08, (Printed version filed on 2021-05-18) | Her Majesty the Queen |
| 2021-05-05 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2021-05-04 | Response to the motion for leave to intervene, Completed on: 2021-05-05 | Her Majesty the Queen |
| 2021-04-27 | Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Completed on: 2021-04-28 | Victor Samaniego |
| 2021-04-27 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-04-28 | Victor Samaniego |
| 2021-04-26 | Notice of name | Criminal Lawyers' Assocation (Ontario) |
| 2021-04-26 | Motion to extend time, (Book Form), (Included in the motion for leave to intervene), Completed on: 2021-04-28 | Criminal Lawyers' Assocation (Ontario) |
| 2021-04-26 | Motion for leave to intervene, (Book Form), Completed on: 2021-04-28 | Criminal Lawyers' Assocation (Ontario) |
| 2021-03-19 | Motion to extend time, (Book Form), to serve and file the appellant's factum, Completed on: 2021-05-31 | Victor Samaniego |
| 2021-03-19 | Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version due on 2021-03-26) | Victor Samaniego |
| 2021-03-19 | Appellant's record, (Book Form), (3 volumes), require: decision on motion for extension (rendered 2021-06-07) received: Tab 13 of appellant's record filed on CD (rec'd 2021-03-19), Completed on: 2021-06-08, (Printed version filed on 2021-03-19) |
Victor Samaniego |
| 2021-03-19 | Appellant's factum, (Book Form), require: decision on motion for extension of time (rendered 2021-06-07), Completed on: 2021-06-08, (Printed version filed on 2021-03-19) | Victor Samaniego |
| 2021-02-02 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), by email on 2021-02-03 | |
| 2021-01-15 | Correspondence received from, (Letter Form), Appellant's materials will be filed late (no later than March 1, 2021) and will be filed with a motion., (Printed version due on 2021-01-22) | Victor Samaniego |
| 2021-01-11 | Order on motion to extend time to serve and/or file notice of appeal, by MARTIN J. | |
| 2021-01-11 | Decision on motion to extend time to serve and/or file notice of appeal, Mar, UPON APPLICATION by the appellant for an order extending the time to file his notice of appeal as of right to November 23, 2020; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The parties are invited to provide written submissions in their respective factum addressing this Court’s jurisdiction to hear the appeal as of right. Granted |
|
| 2021-01-11 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Mar | |
| 2020-12-10 | Response to motion to extend time to serve and/or file notice of appeal, (Letter Form), Completed on: 2020-12-10 | Her Majesty the Queen |
| 2020-12-10 | General proceeding, (Letter Form), A FILE NUMBER HAS BEEN ASSIGNED AT THIS TIME FOR THE SOLE PURPOSE OF PREPARING AN ORDER RELATING TO THE MOTION FOR EXTENSION OF TIME. THE NOTICE OF APPEAL AS OF RIGHT IN THIS MATTER REMAINS UNDER REVIEW. ALL PARTIES WILL BE ADVISED IN WRITING, BY E-MAIL, WHEN THE REVIEW IS COMPLETE. |
Victor Samaniego |
| 2020-11-23 | Certificate (on limitations to public access), (Letter Form) | Victor Samaniego |
| 2020-11-23 | Motion to extend the time to serve and/or file the notice of appeal, (Letter Form), Completed on: 2020-12-10 | Victor Samaniego |
| 2020-11-23 | Notice of appeal, (Letter Form), Completed on: 2020-11-23 | Victor Samaniego |
- Date modified: