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22808

Her Majesty the Queen v. Paul Benjamin Davy

(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)
1997-09-09 Appeal closed
1994-07-15 Correspondence (sent by the Court) to, sent to A.G. of ON (Toronto) enclosing their record (1 box)
1994-02-01 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1994-02-01 Copy of formal judgment on leave being prepared, Shore, Davis & Perkins-McVey (Ottawa, ON)
1994-02-01 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1993-12-16 Notice of deposit of judgment sent to all parties, Shore, Davis & Perkins-McVey (Ottawa, ON)
1993-12-16 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed and the order for a new trial confirmed.
Dismissed, no order as to costs
1993-12-16 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1993-07-12 Close file on Leave
1993-06-16 General proceeding, transcript received and distributed to the judges (105 pages)
1993-06-03 Hearing of the appeal, 1993-06-03, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1993-05-26 Book of authorities, 10 copies of vol. I and II (blue covers) Paul Benjamin Davy
1993-04-23 Appeal hearing scheduled, 1993-06-03
Decision reserved
1993-04-23 Respondent's factum, 24 copies, with service Paul Benjamin Davy
1993-03-25 Correspondence (sent by the Court) to, sent to Greenspan, Rosenberg and Buhr (Toronto, ON) re: appeal is ready for scheduling, Rule 32 sent
1993-03-25 Correspondence (sent by the Court) to, sent to Mr. Kenneth L. Campbell (Toronto, ON) re: appeal is ready for scheduling, Rule 32 sent
1993-03-19 Order on motion to file a lengthy factum, namely 49 pages., with service
1993-03-19 Order on motion to extend time, to serve and file their factum by February 23, 1993., with service
1993-03-19 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service
1993-03-17 Decision on motion to file a lengthy factum, namely 49 pages., Reg
Granted, no order as to costs
1993-03-17 Hearing of motion to file a lengthy factum, 1993-03-17, namely 49 pages., Reg
1993-03-17 Submission of motion to file a lengthy factum, 1993-03-17, namely 49 pages., Reg
1993-03-17 Decision on motion to extend time, to serve and file the appellant's factum to Feb\23\1993., Reg
Granted, no order as to costs
1993-03-17 Hearing of motion to extend time, 1993-03-17, to serve and file the appellant's factum to Feb\23\1993., Reg
1993-03-17 Submission of motion to extend time, 1993-03-17, to serve and file the appellant's factum to Feb\23\1993., Reg
1993-03-17 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, on condition that the appeal be prosecuted in the April 1993 term., CJ
Granted, no order as to costs
1993-03-17 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-03-17, on condition that the appeal be prosecuted in the April 1993 term., CJ
1993-03-17 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-03-17, on condition that the appeal be prosecuted in the April 1993 term., CJ
1993-03-10 Trial court exhibits, 1 box RECEIVED UNSEALED FROM OTTAWA AGENT
1993-03-10 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause Paul Benjamin Davy
1993-03-10 Affidavit, Karen L. Collins, with service Her Majesty the Queen
1993-03-10 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service Her Majesty the Queen
1993-03-08 Response to the motion to file a lengthy factum, of the appellant (namely 49 pages) Paul Benjamin Davy
1993-03-08 Affidavit, (namely 49 pages) Kenneth L. Campbell, with service Her Majesty the Queen
1993-03-08 Motion to file a lengthy factum, (namely 49 pages), with service Her Majesty the Queen
1993-03-08 Response to motion to extend time, to file the appellant's factum Paul Benjamin Davy
1993-03-08 Affidavit, to file the factum; Kenneth L. Campbell, with service Her Majesty the Queen
1993-03-08 Motion to extend time, to file the factum, with service Her Majesty the Queen
1993-03-01 Appeal perfected for hearing, Session beginning on 1993-04-26
1993-02-23 Appellant's factum, 24 copies (extension of time requested - lenghty factum motion requested), with service Her Majesty the Queen
1993-02-10 Response to miscellaneous motion, 1 copy Paul Benjamin Davy
1993-02-10 Affidavit, 1 copy Her Majesty the Queen
1993-02-10 Notice of miscellaneous motion, 1 copy (permitting the appellant to file their case on appeal as printing), with service Her Majesty the Queen
1993-02-10 Decision on miscellaneous motion, permittinf the appellant to file the case on appeal notwithstanding the fact that it does not comply fully with Rule 33., Reg
Granted, no order as to costs
1993-02-10 Hearing of miscellaneous motion, 1993-02-10, permittinf the appellant to file the case on appeal notwithstanding the fact that it does not comply fully with Rule 33., Reg
1993-02-10 Submission of miscellaneous motion, 1993-02-10, permittinf the appellant to file the case on appeal notwithstanding the fact that it does not comply fully with Rule 33., Reg
1992-12-21 Correspondence (sent by the Court) to, (by fax) from Kenneth L. Campbell; re: matter should be heard with Creighton v. R. (22593)
1992-11-30 Case on appeal, 24 copies (vol. 1 to 15 and Vol. A and B) (RECEIVED FROM CORRECTION ON 29-12-92)(MOTION REQUESTED TO ACCEPT TO ITS PRESENT FORM - Karen advised on Jan. 12, 1993) Her Majesty the Queen
1992-08-31 Notice of appeal, With service Her Majesty the Queen
1992-06-08 Order granting leave to appeal, With service
1992-06-04 Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston (Ottawa,ON)
1992-06-04 Notice of deposit of judgment issued to all parties, Shore, Davis (Ottawa,ON)
1992-06-04 Judgment of the Court on the application for leave to appeal, CJ McL Ia, The application for leave to appeal is granted.
Granted, no order as to costs
1992-06-04 Hearing of the application for leave to appeal, 1992-06-04, CJ McL Ia
1992-06-04 All materials on application for leave submitted to the Judges, 1992-06-04, CJ McL Ia
1992-02-14 All materials on application for leave submitted to the Judges, CJ McL I
1992-02-12 Service, of reply
1992-02-11 Applicant's reply to respondent's argument, 5 copies Paul Benjamin Davy
1992-02-03 Respondent's response on the application for leave to appeal, 5 copies, with service Paul Benjamin Davy
1992-01-23 Order on motion to file a lengthy memorandum of argument
1992-01-15 Application for leave to appeal, as motion to accept 20 pages granted, Completed on: 1992-01-15
1992-01-14 Decision on motion to file a lengthy memorandum of argument, namely 28 pages,, LaF
Granted, no order as to costs
1992-01-14 Hearing of motion to file a lengthy memorandum of argument, 1992-01-14, namely 28 pages,, LaF
1992-01-14 Submission of motion to file a lengthy memorandum of argument, 1992-01-14, namely 28 pages,, LaF
1992-01-13 $30.00 filing fee, receipt #23775 Her Majesty the Queen
1992-01-13 Response to the motion to file a lengthy memorandum of argument, (namely 28 pages) Paul Benjamin Davy
1992-01-13 Affidavit, (namely 28 pages) Kenneth L. Campbell, with service Her Majesty the Queen
1992-01-13 Motion to file a lengthy memorandum of argument, (namely 28 pages), with service Her Majesty the Queen
1992-01-13 Service, of application for leave to appeal
1992-01-13 Application for leave to appeal, 5 copies (argument over 20 pages) vols. 1 and 2, Incomplete 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
Davy, Paul Benjamin Respondent Active

Counsel

Party: Her Majesty the Queen

Counsel
Name
Kenneth L. Campbell, Q.C.
Contact information
Attorney General for Ontario
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2220
FAX: (416) 326-4656
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: Davy, Paul Benjamin

Counsel
Name
Marc Rosenberg, Q.C.
Contact information
Greenspan & Associates
144 KING ST E
TORONTO, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Agent
Name
Leonard M. Shore, Q.C.
Contact information
Shore, Davis, Perkins-McVey & Kehler
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

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

November 18, 1991
Court of Appeal for Ontario

320/88

Appeal allowed - Conviction set aside & new trial ordered

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