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23088

Her Majesty the Queen v. M.B.P.

(Ontario) (Criminal) (By Leave)

(Publication ban on party)

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)
1997-09-12 Appeal closed
1994-04-25 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1994-04-25 Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey (Ottawa,ON)
1994-04-22 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario
1994-04-18 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON)
1994-04-18 Notice of deposit of judgment sent to all parties, Shore, Davis & Perkins-McVey (Ottawa, ON)
1994-04-14 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed, La Forest, L'Heureux-Dubé Gonthier and McLachlin JJ. dissenting.
Dismissed, no order as to costs
1993-11-26 General proceeding, transcripts received and distributed to the judges (115 pages)
1993-11-12 Hearing of the appeal, 1993-11-12, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1993-11-12 General proceeding, 10 copies of judgment re: REGINA - V - CHARLTON OSTERE - GIVEN IN COURT BY THE RESPONDENT M.B.P.
1993-11-10 Supplemental document, book of authorities; 10 copies, with service Her Majesty the Queen
1993-11-09 Correspondence (sent by the Court) to, (by fax) from Robert E. Houston; re: Mr. Gary Trotter will take 1 hour for his oral submissions
1993-11-05 Correspondence (sent by the Court) to, from J. Laniel sent to Ontario Court with a copy of the Notice of Appeal
1993-11-05 Correspondence (sent by the Court) to, from Ontario Court (General Division); re: enclosed original information and original indictment; are unable to provide the exhibits
1993-11-03 Supplemental document, 24 copies (SUPPLEMENTARY CASE ON APPEAL), with service Her Majesty the Queen
1993-10-29 Book of authorities, 11 copies (joint) Her Majesty the Queen
1993-10-22 Decision on motion to extend time, to file respondent's factum to Oct 15/93, Reg
Granted, no order as to costs
1993-10-22 Hearing of motion to extend time, 1993-10-22, to file respondent's factum to Oct 15/93, Reg
1993-10-22 Submission of motion to extend time, 1993-10-22, to file respondent's factum to Oct 15/93, Reg
1993-10-20 Response to motion to extend time, to file the respondent's factum to Oct. 15/93 Her Majesty the Queen
1993-10-20 Affidavit, to file the factum to Oct. 15/93; Julian N. Falconer M.B.P.
1993-10-20 Motion to extend time, to file the factum to Oct. 15/93 M.B.P.
1993-10-15 Respondent's factum, 24 copies (extension of time requested), with service M.B.P.
1993-09-24 Appeal hearing scheduled, 1993-11-12
Decision reserved
1993-08-09 Appeal perfected for hearing, Session beginning on 1993-10-04
1993-06-14 Appellant's factum, 24 copies, with service Her Majesty the Queen
1993-04-16 Order on motion to extend time, to serve and file the case on appeal to April 6, 1993., with service
1993-04-13 Decision on motion to extend time, to serve and file the case on appeal to April 6, 1993., Reg
Granted, no order as to costs
1993-04-13 Hearing of motion to extend time, 1993-04-13, to serve and file the case on appeal to April 6, 1993., Reg
1993-04-13 Submission of motion to extend time, 1993-04-13, to serve and file the case on appeal to April 6, 1993., Reg
1993-04-07 Response to motion to extend time, to file the Case on appeal to Apr. 6/93 M.B.P.
1993-04-07 Affidavit, to file the Case on Appeal to Apr. 6/93; Gary Thomas Trotter, with service Her Majesty the Queen
1993-04-07 Motion to extend time, to file the Case on Appeal to Apr. 6/93, with service Her Majesty the Queen
1993-04-06 Case on appeal, 23 copies (motion to extend time requested) Her Majesty the Queen
1993-04-02 Correspondence (sent by the Court) to, sent to Julian N. Falconer (Toronto, ON) re: Notice of Appeal has been filed, Rule 32 sent
1993-04-02 Correspondence (sent by the Court) to, sent to The Attorney General for Ontario (Toronto, ON) re: Notice of Appeal has been filed, Rule 32 sent
1993-01-12 Close file on Leave
1992-12-14 Order granting leave to appeal, With service
1992-12-11 Notice of appeal, With service Her Majesty the Queen
1992-12-10 Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa,ON)
1992-12-10 Notice of deposit of judgment issued to all parties, Shore, Davis (Ottawa,ON)
1992-12-10 Judgment of the Court on the application for leave to appeal, L'HD G Co, The application for leave to appeal is granted.
Granted, no order as to costs
1992-12-10 Hearing of the application for leave to appeal, 1992-12-10, L'HD G Co
1992-12-10 All materials on application for leave submitted to the Judges, 1992-12-10, L'HD G Co
1992-09-21 All materials on application for leave submitted to the Judges, L'HD G Co
1992-09-08 Respondent's response on the application for leave to appeal, 5 copies, with service M.B.P.
1992-07-22 Correspondence received from, of Mr. Falconer to advise the Court that he will file his Respondent's response in early September M.B.P.
1992-06-22 $30.00 filing fee, receipt #25610 Her Majesty the Queen
1992-06-22 Application for leave to appeal, 5 copies, with service, Completed on: 1992-06-22 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
M.B.P. Respondent Active

Counsel

Party: Her Majesty the Queen

Counsel
Name
Gary T. Trotter
Contact information
Attorney General for Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4580
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: M.B.P.

Counsel
Names
Julian N. Falconer
Julian N. Falconer
Contact information
Falconer Charney Macklin
8 Prince Arthur Avenue
Toronto, Ontario
M5R 1A9
Telephone: (416) 964-3408
FAX: (416) 929-8179
Agent
Name
Heather E. Perkins-McVey
Contact information
Shore, Davis, 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

May 27, 1991
District Court of Ontario

x

Conviction: indecent assault

April 23, 1992
Court of Appeal for Ontario

667/91

Appeal allowed, conviction is quashed and an acquittal is entered.

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