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19176

Brent Mark Leclair, et al. v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1989-03-14 Correspondence (sent by the Court) to, returning court record.
1989-03-01 Correspondence (sent by the Court) to, copy of formal judgment sent to B.J. Gover (Tor., Ont.)
1989-03-01 Correspondence (sent by the Court) to, copy of formal judgment sent to M. Code (Tor., Ont.)
1989-03-01 Correspondence (sent by the Court) to, copy of formal judgment sent to C. Ruby (Tor., Ont.)
1989-02-28 Formal judgment sent to the registrar of the court of appeal and all parties, of Tor., Ont.
1989-01-20 Notice of deposit of judgment sent to all parties, Soloway, Wright (Ottawa,ON)
1989-01-20 Notice of deposit of judgment sent to all parties, Shore, Davis (Ottawa,ON)
1989-01-19 Judgment on the appeal rendered, B E McI La W LaF L'HD, The appeal is allowed, the conviction upheld by the Court of Appeal is quashed, and a new trial is ordered, McIntyre and L'Heureux-Dubé JJ dissenting Estey J. took no part in the judgment.
Allowed, no order as to costs
1988-06-21 General proceeding, to note 7 copies of joint additional authorities Brent Mark Leclair
1988-03-14 General proceeding, to note 7 copies of publication "Pretrial Eyewitness Identification" Brent Mark Leclair
1988-03-14 General proceeding, to note 21 copies of Appellant's supplementary factum, with service Rodney James Ross
1988-02-19 Correspondence (sent by the Court) to, dated Feb 19/88 from A.G.'s office enclosing 1 copy of Exhibit # 5
1988-02-17 Book of authorities, , 8 copies of supplementary authorities Brent Mark Leclair
1988-01-27 Hearing of the appeal, 1988-01-27, B E McI La W LaF L'HD
Decision reserved
1988-01-27 Book of authorities, , 8 copies of supplementary authorities Rodney James Ross
1988-01-27 Book of authorities, , 8 copies vols. 1 & 2 Her Majesty the Queen
1988-01-27 Respondent's factum, , 8 copies of Resp. supplementary factum Her Majesty the Queen
1988-01-19 Certified casebook Brent Mark Leclair
1987-04-21 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause
Dismissed, no order as to costs
1987-04-21 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1987-04-21
1987-04-21 Hearing of motion to expedite the appeal, 1987-04-21
1987-04-21 Submission of motion to expedite the appeal, 1987-04-21
1987-04-16 Affidavit, With service Brent Mark Leclair
1987-04-16 Motion to expedite the appeal, With service Brent Mark Leclair
1986-09-23 Respondent's factum, , 21 copies Her Majesty the Queen
1986-09-12 Appeal hearing scheduled, 1988-01-27
Decision reserved
1986-09-12 Appeal perfected for hearing, Session beginning on 1986-09-29
1986-06-16 Book of authorities, , 10 copies of index volume to authorities Brent Mark Leclair
1986-06-16 Book of authorities, , 10 copies vols. 1 to 8 Brent Mark Leclair
1986-06-16 Book of authorities, , 10 copies vols. 1 to 6 Rodney James Ross
1986-06-11 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause
Dismissed, no order as to costs
1986-06-11 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1986-06-11
1986-06-11 Hearing of motion to expedite the appeal, 1986-06-11
1986-06-11 Submission of motion to expedite the appeal, 1986-06-11
1986-06-11 Service, of Jacqueline Plouffe
1986-06-10 Affidavit, of Michael Code Rodney James Ross
1986-06-10 Affidavit, of Robert Houston Her Majesty the Queen
1986-06-09 Affidavit, With service Brent Mark Leclair
1986-06-09 Motion to expedite the appeal, With service Brent Mark Leclair
1986-05-12 Appellant's factum, , 21 copies Rodney James Ross
1986-05-12 Appellant's factum, , 21 copies Brent Mark Leclair
1985-08-29 Service, of case, 1 copy
1985-05-23 Case on appeal, , 21 copies of vols. 1 & 2 Brent Mark Leclair
1985-05-01 Order granting leave to appeal
1985-03-29 Notice of appeal, With service Brent Mark Leclair
1985-03-14 Judgment of the Court on the application for leave to appeal, C W LeD
Granted, no order as to costs
1985-03-04 Hearing of the application for leave to appeal, 1985-03-04, C W LeD
Decision reserved
1985-03-04 All materials on application for leave submitted to the Judges, 1985-03-04, C W LeD
Decision reserved
1985-02-28 Respondent's response on the application for leave to appeal, , 5 copies Her Majesty the Queen
1985-02-28 Book of authorities, , 3 copies Brent Mark Leclair
1985-02-21 Appeal Court record, (Court of Appeal judgment)
1985-02-18 Application for leave to appeal, , 3 copies , 2 copies, with service, Completed on: 1985-02-21 Brent Mark Leclair
1985-01-11 Notice of application for leave to appeal, With service Brent Mark Leclair

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

Main parties - Appellants
Name Role Status
Leclair, Brent Mark Applicant Active
Ross, Rodney James Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: Leclair, Brent Mark

Counsel
Names
Clayton C. Ruby
Melvyn Green
Contact information
Ruby & Edwardh
11 Prince Arthur Ave
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: ruby@Ruby-edwardh.com
Agent
Name
Leonard M. Shore, Q.C.
Contact information
Shore, Davis
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Ross, Rodney James

Counsel
Name
Michael Code
Contact information
Sack Goldblatt Mitchell
1130 - 20 Dundas Street West
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
Name
Leonard M. Shore, Q.C.
Contact information
Shore, Davis
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Her Majesty the Queen

Counsel
Name
Brian J. Gover
Contact information
Attorney General for Ontario
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2220
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
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

February 29, 1984
Court of the Sessions of the Peace of Ontario

Not listed

Conviction: Break, enter and commit theft

December 21, 1984
Court of Appeal for Ontario

289/84 & 246/84

Appeals 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

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

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

Webcasts

Not available.

Date modified: 2025-05-13