Docket
40447
His Majesty the King v. Edwin Tsang
(British Columbia) (Criminal) (By Leave)
(Publication ban in case)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-03-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2024-03-08 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2024-03-08 | Judgment on the appeal rendered, CJ Côt Row Mar Kas Ja Ob, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA47290, 2022 BCCA 345, dated October 14, 2022, heard on May 18, 2023, is allowed. The order of the Court of Appeal is set aside and the respondent’s conviction is restored. Allowed |
|
| 2023-06-01 | Transcript received, 149 pages | |
| 2023-05-18 | Judgment reserved OR rendered with reasons to follow | |
| 2023-05-18 | Hearing of the appeal, 2023-05-18, CJ Côt Row Mar Kas Ja Ob Judgment reserved |
|
| 2023-05-18 | General proceeding, Case sensitivity questionnaire | Edwin Tsang |
| 2023-05-18 | General proceeding, Case sensitivity questionnaire | His Majesty the King |
| 2023-05-16 | Certificate (on limitations to public access), Form 23B | Edwin Tsang |
| 2023-05-16 | Respondent's condensed book, (Book Form) | His Majesty the King |
| 2023-05-16 | Certificate (on limitations to public access), Form 23B | His Majesty the King |
| 2023-05-16 | Appellant's condensed book, (Book Form) | His Majesty the King |
| 2023-05-04 | Intervener's factum, (Book Form), Completed on: 2023-05-09, (Printed version filed on 2023-05-09) | Association québécoise des avocats et avocates de la défense |
| 2023-05-02 | Other book of authorities, (Book Form), Completed on: 2023-05-02, (Printed version filed on 2023-05-02) | West Coast Legal Education and Action Fund Association and Women's Legal Education and Action Fund |
| 2023-05-02 | Intervener's factum, (Book Form), Completed on: 2023-05-02, (Printed version filed on 2023-05-02) | West Coast Legal Education and Action Fund Association and Women's Legal Education and Action Fund |
| 2023-05-02 | Notice of appearance, Megan Stephens, Humera Jabir and Roxana Parsa will appear before the Court. Megan Stephens will present oral argument. |
West Coast Legal Education and Action Fund Association and Women's Legal Education and Action Fund |
| 2023-05-02 | Intervener's factum, (Book Form), Completed on: 2023-05-03, (Printed version filed on 2023-05-03) | Attorney General of Alberta |
| 2023-05-02 | Notice of appearance, Richard S. Fowler, K.C. and Eric Purtzki will appear before the Court. Richard S. Fowler, K.C. will present oral argument. | Edwin Tsang |
| 2023-05-02 | Order on motion to strike out, by the Chief Justice (sent to parties by email) | |
| 2023-05-02 | Decision on motion to strike out, CJ, UPON APPLICATION by the respondent for an order to strike the appellant’s reply factum; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2023-05-02 | Submission of motion to strike out, CJ | |
| 2023-05-01 | Reply to motion to strike out, (Letter Form), Completed on: 2023-05-01 | Edwin Tsang |
| 2023-04-28 | Response to motion to strike out, Completed on: 2023-04-28 | His Majesty the King |
| 2023-04-27 | Notice of appearance, Me Hugo Caissy and Me Myralie Roussin will appear before the Court virtually. Me Hugo Caissy will present oral argument. | Association québécoise des avocats et avocates de la défense |
| 2023-04-27 | Notice of appearance, Gregory P. Delbigio K.C. and Daniel J. Song, K.C. will appear before the Court virtually. Gregory P. Delbigio K.C. will present oral argument. | Independent Criminal Defence Advocacy Society |
| 2023-04-26 | Response to motion to strike out, (Letter Form), (by email), Completed on: 2023-05-01 | Trial Lawyers Association of British Columbia |
| 2023-04-26 | Notice of appearance, Sarah Clive will appear before the Court virtually and will be presenting oral submissions. | Attorney General of Alberta |
| 2023-04-25 | Motion to strike out, (Book Form), the appellant's reply factum MISSING: Filing Fee, Incomplete |
Edwin Tsang |
| 2023-04-25 | Notice of appearance, Susanne Elliott and Christie Lusk will appear before the Court. both Ms. Elliott and Ms. Lusk will be presenting oral arguments. | His Majesty the King |
| 2023-04-25 | Notice of appearance, Mr. Mark Iyengar and Benjamin Reedijk will appear before the Court and Mr. Iyengar will present oral argument. | Trial Lawyers Association of British Columbia |
| 2023-04-21 | Certificate (on limitations to public access), Form 23B | His Majesty the King |
| 2023-04-21 | Reply factum on appeal, (Book Form), Completed on: 2023-04-21, (Printed version filed on 2023-04-21) | His Majesty the King |
| 2023-04-11 | Certificate (on limitations to public access), Form 23B, (Printed version due on 2023-04-18) | Edwin Tsang |
| 2023-04-11 | Respondent's factum, (Book Form), Completed on: 2023-04-11, (Printed version due on 2023-04-18) | Edwin Tsang |
| 2023-04-11 | Order on motion for leave to intervene, by JAMAL J. | |
| 2023-04-11 | Decision on the motion for leave to intervene, Ja, UPON APPLICATIONS by the Independent Criminal Defence Advocacy Society, l’Association Québécoise des avocats et avocates de la defense, the Trial Lawyers Association of British Columbia, the West Coast Legal Education and Action Fund Association, the Women’s Legal Education and Action Fund Inc. and the Attorney General of Alberta for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted. The intervener factums which were filed in the R. v. Kruk appeal (40095) by the Independent Criminal Defence Advocacy Society and the Trial Lawyers Association of British Columbia are allowed to apply to this appeal. The Association Québécoise des avocats et avocates de la defense, the West Coast Legal Education and Action Fund Association and the Women’s Legal Education and Action Fund Inc. and the Attorney General of Alberta shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, on or before May 4, 2023. The Association Québécoise des avocats et avocates de la defense, the West Coast Legal Education and Action Fund Association and the Women’s Legal Education and Action Fund Inc. and the Attorney General of Alberta are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The interveners or group of interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners or groups of interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions. Granted |
|
| 2023-04-11 | Submission of motion for leave to intervene, Ja | |
| 2023-04-05 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2023-04-05, (Printed version due on 2023-04-14) | Edwin Tsang |
| 2023-04-05 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2023-04-05, (Printed version due on 2023-04-14) | His Majesty the King |
| 2023-04-03 | Notice of name, (Letter Form), (Printed version filed on 2023-04-11) | Trial Lawyers Association of British Columbia |
| 2023-04-03 | Motion for leave to intervene, (Book Form), Completed on: 2023-04-04, (Printed version filed on 2023-04-11) | Trial Lawyers Association of British Columbia |
| 2023-04-03 | Notice of name, (Letter Form), (Printed version filed on 2023-04-03) | West Coast Legal Education and Action Fund Association and Women's Legal Education and Action Fund |
| 2023-04-03 | Motion for leave to intervene, (Book Form), Completed on: 2023-04-04, (Printed version filed on 2023-04-03) | West Coast Legal Education and Action Fund Association and Women's Legal Education and Action Fund |
| 2023-04-03 | Notice of name, (Letter Form), (Printed version filed on 2023-04-04) | Association québécoise des avocats et avocates de la défense |
| 2023-04-03 | Motion for leave to intervene, (Book Form), Completed on: 2023-04-04, (Printed version filed on 2023-04-04) | Association québécoise des avocats et avocates de la défense |
| 2023-04-03 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 04/12/23), Completed on: 2023-05-09, (Printed version filed on 2023-04-03) | Attorney General of Alberta |
| 2023-03-30 | Notice of name, (Letter Form), (Printed version filed on 2023-03-30) | Independent Criminal Defence Advocacy Society |
| 2023-03-28 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 03/31/23), Notice of Name (rec' 03/30/23) Proof of Service (rec' 03/31/23), Completed on: 2023-05-09, (Printed version filed on 2023-03-30) |
Independent Criminal Defence Advocacy Society |
| 2023-03-13 | Certificate (on limitations to public access), Form 23B | His Majesty the King |
| 2023-03-13 | Certificate of counsel (attesting to record) | His Majesty the King |
| 2023-03-13 | Appellant's book of authorities, (Book Form), Completed on: 2023-03-13, (Printed version filed on 2023-03-13) | His Majesty the King |
| 2023-03-13 | Appellant's record, (Book Form), (2 volumes), Completed on: 2023-03-13, (Printed version filed on 2023-03-13) | His Majesty the King |
| 2023-03-13 | Appellant's factum, (Book Form), Completed on: 2023-03-13, (Printed version filed on 2023-03-13) | His Majesty the King |
| 2023-02-22 | Certificate (on limitations to public access), Form 23B | His Majesty the King |
| 2023-02-16 | Notice of hearing sent to parties, (sent by email) | |
| 2023-02-15 | Appeal hearing scheduled, 2023-05-18 Judgment reserved |
|
| 2023-02-13 | Notice of appeal, Missing: 23B (rec'd 2023-02-22), Completed on: 2023-02-22, (Printed version due on 2023-02-20) |
His Majesty the King |
| 2023-02-10 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), a) The Notice of Appeal shall be served and filed on or before February 13, 2023. b) The appellant’s record, factum and book of authorities, if any, shall be served and file on or before March 13, 2023. c) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before April 11, 2023. d) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before April 3, 2023. e) The appellants and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before April 5, 2023. f) Replies to any responses to the motions for leave to intervene shall be served and filed on or before April 6, 2023. g) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before May 4, 2023. |
|
| 2023-02-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-02-02 | Judgment on leave sent to the parties | |
| 2023-02-02 | Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA47290, 2022 BCCA 345, dated October 14, 2022, is granted. The hearing of the appeal will be expedited and will be heard with His Majesty the King v. Christopher James Kruk (40095). The schedule for serving and filing the appeal documents will be set by the Registrar. Granted |
|
| 2023-02-02 | Decision on motion to expedite the application for leave to appeal, See decision on application Granted |
|
| 2023-01-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-01-09 | Submission of motion to expedite the application for leave to appeal, CJ Ja Ob | |
| 2022-12-22 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2023-01-03) | His Majesty the King |
| 2022-12-22 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-12-22, (Printed version due on 2023-01-03) | His Majesty the King |
| 2022-12-19 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-12-19) | Edwin Tsang |
| 2022-12-19 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-12-19) | Edwin Tsang |
| 2022-12-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-12-19, (Printed version filed on 2022-12-19) | Edwin Tsang |
| 2022-11-21 | Response to the motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2022-11-21, (Printed version due on 2022-11-28) | Edwin Tsang |
| 2022-11-17 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED: 2022-11-17 | |
| 2022-11-10 | Motion to expedite the application for leave to appeal, (Book Form), Completed on: 2022-11-17, (Printed version filed on 2022-11-21) | His Majesty the King |
| 2022-11-10 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-11-18) | His Majesty the King |
| 2022-11-10 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-11-18) | His Majesty the King |
| 2022-11-10 | Application for leave to appeal, (Book Form), Completed on: 2022-11-10, (Printed version filed on 2022-11-10) | His Majesty the King |
- Date modified: