Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
20904
Jerry Ervin Schmautz 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1990-04-04 | Formal judgment sent to the registrar of the court of appeal and all parties, (Vancouver,BC) | |
| 1990-04-04 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON) | |
| 1990-04-04 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1990-03-19 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON) | |
| 1990-03-19 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1990-03-15 |
Judgment on the appeal rendered, CJ La LaF So G Co McL, The appeal is dismissed. Dismissed, no order as to costs |
|
| 1989-11-24 | General proceeding, transcripts received and distributed to the justices(74 pages) | |
| 1989-11-09 |
Hearing of the appeal, 1989-11-09, CJ La LaF So G Co McL Decision reserved |
|
| 1989-11-08 | Book of authorities, 10 copies, | Her Majesty the Queen |
| 1989-10-18 | Respondent's factum, 21 copies, with service | Her Majesty the Queen |
| 1989-10-10 |
Appeal hearing scheduled, 1989-11-09 Decision reserved |
|
| 1989-09-22 | Notice of hearing, With service | Jerry Ervin Schmautz |
| 1989-09-14 | Appeal perfected for hearing, Session beginning on 1989-10-02 | |
| 1989-07-14 | Appellant's factum, , 21 copies | Jerry Ervin Schmautz |
| 1989-06-27 | Case on appeal, , 21 copies | Jerry Ervin Schmautz |
| 1989-02-14 | Notice of appeal, With service | Jerry Ervin Schmautz |
| 1989-02-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Registrar | |
| 1989-02-10 | Notice of deposit of judgment issued to all parties, Mr. W.G. Burke-Robertson (Ottawa,ON) | |
| 1989-02-10 | Notice of deposit of judgment issued to all parties, Mr. Glen J. Buckley (Delta,BC) | |
| 1989-02-02 |
Judgment of the Court on the application for leave to appeal, CJ LaF So, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1988-09-30 |
Hearing of the application for leave to appeal, 1988-09-30, CJ LaF So Decision reserved |
|
| 1988-09-30 |
All materials on application for leave submitted to the Judges, 1988-09-30, CJ LaF So Decision reserved |
|
| 1988-09-08 | Application for leave to appeal ready to be heard (old rules) | |
| 1988-06-01 | Correspondence received from, dated May 26,'88 from Buckley & Associates (Re: Sa tellite hearing) | Jerry Ervin Schmautz |
| 1988-05-27 | Respondent's response on the application for leave to appeal, 5 copies, with service | Her Majesty the Queen |
| 1988-04-27 | $30.00 filing fee, receipt # 12319 | Jerry Ervin Schmautz |
| 1988-04-27 | Application for leave to appeal, 5 copies, with service, Completed on: 1988-04-27 | Jerry Ervin Schmautz |
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 |
|---|---|---|
| Schmautz, Jerry Ervin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Schmautz, Jerry Ervin
Counsel
9453 - 120TH ST
DELTA, British Columbia
V4C 6S2
Telephone: (604) 588-0062
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
6th Floor
865 Hornby
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Email: alexander.budlovsky@gov.bc.ca
Agent
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
Provincial Court of British Columbia
00000000000000000000
Conviction:Failure to comply with a breathalyzer demand
County Court of British Columbia
X017005
Summary conviction appeal dismissed
Court of Appeal for British Columbia (Vancouver)
CA006527
appeal 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
Related links
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
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