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Case information

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20803

Her Majesty the Queen v. Shamanand Kuldip

(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)
1991-02-26 Formal judgment sent to the registrar of the court of appeal and all parties, (Toronto,ON)
1991-02-26 Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON)
1991-02-26 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1991-02-26 Copy of formal judgment being prepared, S.R. Fainstein C/O Dept. of Justice (Ottawa,ON)
1991-02-26 Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON)
1990-12-10 Correspondence (sent by the Court) to, from C. Alain sent to Her Honour Karem M. Weiler (Toronto,ON) informing her that a complimentary copy of the reasons for judgment in this case are being forwarded to her.
1990-12-07 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON)
1990-12-07 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1990-12-07 Notice of deposit of judgment sent to all parties, S.R. Fainstein, Q.C. C/O Dept. of Justice (Ottawa,ON)
1990-12-07 Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottawa,ON)
1990-12-07 Judgment on the appeal rendered, CJ CJ W LaF L'HD G McL, The appeal is allowed, the acquittal entered by the Court of Appeal of Ontario is set aside, and the conviction entered by the Provincial Court is restored, Wilson, La Forest and L'Heureux-Dubé JJ. dissenting.
Allowed, no order as to costs
1990-04-19 General proceeding, transcripts received and distributed to the justices (109 pages)
1990-03-28 Hearing of the appeal, 1990-03-28, CJ CJ W LaF L'HD G McL
Decision reserved
1990-03-15 Respondent's factum, 20 copies Shamanand Kuldip
1990-03-14 Intervener's factum, 21 copies, with service Attorney General of Canada
1990-03-14 Book of authorities, (joint) 10 copies vol. I,II & III, with service Her Majesty the Queen
1990-03-08 Intervener's factum, 21 copies, with service Attorney General of Alberta
1990-02-15 Notice of withdrawal Attorney General of British Columbia
1990-02-01 Appeal hearing scheduled, 1990-03-28
Decision reserved
1990-01-08 Appeal perfected for hearing, Session beginning on 1990-01-22
1989-12-07 Appellant's factum, 21 copies, with service Her Majesty the Queen
1989-06-07 Order on motion to extend time
1989-06-06 Notice of intervention respecting a constitutional question Attorney General of British Columbia
1989-06-06 Notice of intervention respecting a constitutional question Attorney General of British Columbia
1989-06-01 Response to motion to extend time, to serve & file a notice of intervention Shamanand Kuldip
1989-06-01 Response to motion to extend time, to serve & file a notice of intervention Her Majesty the Queen
1989-06-01 Affidavit, to serve & file a notice of intervention, with service Attorney General of British Columbia
1989-06-01 Motion to extend time, to serve & file a notice of intervention, with service Attorney General of British Columbia
1989-06-01 Decision on motion to extend time, to serve & file a notice of intervention by A.G.- B.C. to June 6/89., So
Granted, no order as to costs
1989-06-01 Hearing of motion to extend time, 1989-06-01, to serve & file a notice of intervention by A.G.- B.C. to June 6/89., So
1989-06-01 Submission of motion to extend time, 1989-06-01, to serve & file a notice of intervention by A.G.- B.C. to June 6/89., So
1989-05-26 Notice of intervention respecting a constitutional question, With service Attorney General of Alberta
1989-05-25 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1989-05-04 Notice of constitutional question(s), With service Her Majesty the Queen
1989-05-02 Order on motion to state a constitutional question
1989-04-27 Decision on the motion to state a constitutional question, (for Constitutional Questions see file or Reg's Red Bk #7 @ p. l80. Interventions by May 26/89)., CJ
Granted, no order as to costs
1989-04-27 Hearing of the motion to state a constitutional question, 1989-04-27, (for Constitutional Questions see file or Reg's Red Bk #7 @ p. l80. Interventions by May 26/89)., CJ
1989-04-27 Submission of motion to state a constitutional question, 1989-04-27, (for Constitutional Questions see file or Reg's Red Bk #7 @ p. l80. Interventions by May 26/89)., CJ
1989-04-26 Certified casebook, , 1 copy of volume 1 & 2 Her Majesty the Queen
1989-04-26 Case on appeal, , 20 copies of volume 1 & 2 Her Majesty the Queen
1989-04-24 Motion to state a constitutional question Her Majesty the Queen
1988-08-08 Order granting leave to appeal
1988-07-25 Service, With service
1988-07-25 Notice of appeal Her Majesty the Queen
1988-07-12 Correspondence received from, (copy of Notice of Deposit of Judgment) sent to Gowling & Henderson
1988-07-12 Correspondence received from, (copy of Notice of Deposit of Judgment) sent to Solway, Wright (Ottawa, ON)
1988-07-12 Correspondence received from, advising of judgment sent to Registrar (Toronto,ON )
1988-06-30 Judgment of the Court on the application for leave to appeal, W LeD L'HD
Granted, no order as to costs
1988-04-26 Hearing of the application for leave to appeal, 1988-04-26, W LeD L'HD
Decision reserved
1988-04-26 All materials on application for leave submitted to the Judges, 1988-04-26, W LeD L'HD
Decision reserved
1988-04-22 Respondent's response on the application for leave to appeal, 5 copies Shamanand Kuldip
1988-02-04 $30.00 filing fee, receipt # 12103 Her Majesty the Queen
1988-02-04 Application for leave to appeal, 5 copies, with service, Completed on: 1988-02-04 Her Majesty the Queen

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
Her Majesty the Queen Applicant Active

v.

Main parties - Respondents
Name Role Status
Kuldip, Shamanand Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General of Alberta Intervener Active
Attorney General of British Columbia Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Name
Michael F. Brown
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

Party: Kuldip, Shamanand

Counsel
Names
Jack Louis Pinkofsky
Paul Slansky
Contact information
Pinkofsky Lockyer & Kwinter
438 UNIVERSITY AVE
19TH FL
TORONTO, Ontario
M5G 2K8
Telephone: (416) 598-1811
FAX: (416) 598-3384
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Canada

Counsel
Name
S. Ronald Fainstein, Q.C.
Contact information
Attorney General of Canada
Department of Justice
239 Wellington St
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-8412

Party: Attorney General of Alberta

Counsel
Name
Balfour Q.H. Der
Contact information
Batting, Der
2850 - 645, 7th Ave South West
Calgary, Alberta
T2P 4G8
Telephone: (403) 263-4949
FAX: (403) 261-8977
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of British Columbia

Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
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

October 25, 1985
Provincial Court of Ontario

Not available

Conviction: Failure to remain at the scene of an accident.

June 27, 1986
District Court of Ontario

1170/85

Summary conviction appeal dismissed

January 20, 1988
Court of Appeal for Ontario

650/86

Appeal allowed - conviction quashed

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