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23478

W.D.S. v. Her Majesty the Queen

(Alberta) (Criminal) (As of Right)

(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)
1997-08-08 Appeal closed
1995-01-09 Correspondence (sent by the Court) to, sent to C/A of AB (Edmonton, AB) enclosing their record
1994-11-24 Copy of formal judgment being prepared, Gowling, Strathy & Henderson
1994-11-23 Formal judgment sent to the registrar of the court of appeal and all parties, Alberta (Edmonton)
1994-10-24 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1994-10-20 Judgment on the appeal rendered, CJ LaF L'HD So Co McL Ma, The appeal is allowed and a new trial is ordered, L'Heureux-Dubé and McLachlin JJ. dissenting.
Allowed, no order as to costs
1994-05-13 General proceeding, transcripts received and distributed to the judges (82 pages)
1994-05-05 Hearing of the appeal, 1994-05-05, CJ LaF L'HD So Co McL Ma
Decision reserved
1994-04-27 Appeal hearing
1994-04-26 Appeal removed from the list
1994-04-20 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1994-04-13 Book of authorities, 10 copies of JOINT W.D.S.
1994-04-07 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, With service, CJ
Granted, no order as to costs
1994-04-07 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-04-07, With service, CJ
1994-04-07 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-04-07, With service, CJ
1994-04-06 Notice of hearing, (1 copy), with service W.D.S.
1994-03-31 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause Her Majesty the Queen
1994-03-31 Affidavit, of Eduard J. Van Bemmel W.D.S.
1994-03-31 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause W.D.S.
1994-03-30 Appeal hearing scheduled, 1994-05-05
Decision reserved
1994-03-30 Respondent's factum, 24 copies (extension of time requested) Her Majesty the Queen
1994-03-01 Appeal perfected for hearing, Session beginning on 1994-04-25
1994-01-25 Appellant's factum, 24 COPIES W.D.S.
1993-12-07 Appeal court record, (accordeon)
1993-12-01 Certified casebook, 1 copy, with service W.D.S.
1993-11-12 Case on appeal, 23 copies W.D.S.
1993-10-22 Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson (Ottawa, ON) enclosing Rule 32
1993-10-19 Notice of appeal, With service W.D.S.
1993-10-12 Decision on the motion to quash the appeal, It is orderred that the motion to quash the appeal as of right is therefore without object and is accordingly dismissed., with service
Dismissed, no order as to costs
Her Majesty the Queen
1993-10-12 Hearing of the motion to quash, 1993-10-12, It is orderred that the motion to quash the appeal as of right is therefore without object and is accordingly dismissed., with service Her Majesty the Queen
1993-10-12 Submission of motion to quash, 1993-10-12, It is orderred that the motion to quash the appeal as of right is therefore without object and is accordingly dismissed., with service Her Majesty the Queen
1993-10-12 Order granting leave to appeal
1993-10-08 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1993-10-07 Decision on the motion to quash the appeal, The motion to quash the appeal as of right is therefore without object and is accordingly dismissed., CJ Co McL Ia Ma
Dismissed, no order as to costs
1993-10-07 Hearing of the motion to quash, 1993-10-07, The motion to quash the appeal as of right is therefore without object and is accordingly dismissed., CJ Co McL Ia Ma
1993-10-07 Submission of motion to quash, 1993-10-07, The motion to quash the appeal as of right is therefore without object and is accordingly dismissed., CJ Co McL Ia Ma
1993-10-07 Judgment of the Court on the application for leave to appeal, CJ Co McL Ia Ma, The application for leave to appeal is granted.
Granted, no order as to costs
1993-10-07 Hearing of the application for leave to appeal, 1993-10-07, CJ Co McL Ia Ma
1993-10-07 All materials on application for leave submitted to the Judges, 1993-10-07, CJ Co McL Ia Ma
1993-10-04 Decision on the motion to quash the appeal, CJ Co McL Ia Ma
Dismissed, no order as to costs
1993-10-04 Hearing of the motion to quash, 1993-10-04, CJ Co McL Ia Ma
1993-10-04 Submission of motion to quash, 1993-10-04, CJ Co McL Ia Ma
1993-09-30 Correspondence (sent by the Court) to, from gowling; re: that the motion to quash be adjourned to Nov. 1/93
1993-09-29 Correspondence received from, from Henry S. Brown re: explaining reasons for adjournement of the motion to quash
1993-09-28 Correspondence received from, from Henry S. Brown re: adjournment of the motion to quash to November 1st, 1993
1993-09-02 Correspondence received from, from Marvin R. Bloos; re: that the respondent's application to quash were heard after the leave application was decided by the Court W.D.S.
1993-08-30 Correspondence (sent by the Court) to, of the Registrar to Mr. Bloos (Edmonton, AB) to advise him that he will have to bring a motion to obtain an adjournment of the hearing of the application to quash returnable on October 4, 1993
1993-08-27 Correspondence (sent by the Court) to, from Marvin Bloos Re: decision on leave will be recommended before the hearing ot the motion to quash (fax copy)
1993-07-23 Motion to quash, 10 copies, with service Her Majesty the Queen
1993-07-23 Motion to quash, 10 copies, with service Her Majesty the Queen
1993-06-16 All materials on application for leave submitted to the Judges, CJ McL Maj
1993-06-03 Supplemental document, 5 copies of Trial Judge's Charge to the Jury W.D.S.
1993-05-31 Respondent's response on the application for leave to appeal, 5 copies, with service Her Majesty the Queen
1993-05-21 Affidavit, from Marvin Bloos (1 copy) W.D.S.
1993-05-21 Motion to extend the time to file and or serve the application for leave to appeal, from B. Beresh (1 copy) W.D.S.
1993-05-21 Application for leave to appeal, 5 copies, with service, Completed on: 1993-05-21 W.D.S.
1993-05-04 General proceeding, CONSENT TO USE SAME AGENT, Gowling W.D.S.
1993-03-17 $30.00 filing fee, receipt #26776 W.D.S.
1993-03-17 Response to motion to extend time to serve and/or file notice of appeal, to March 19/93 Her Majesty the Queen
1993-03-17 Notice of appeal, With service W.D.S.

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
W.D.S. Applicant Active

v.

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

Counsel

Party: W.D.S.

Counsel
Names
Brian A. Beresh
Henry S. Brown
Contact information
Beresh Depoe Cunningham
300 - 10110, 107TH ST
EDMONTON, Alberta
T5J 1J4
Telephone: (403) 421-4766
FAX: (403) 429-0346
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: Her Majesty the Queen

Counsel
Names
Bart Rosborough
Heather Perkins-McVey
Contact information
Attorney General of Alberta
9833 - 109th Street
3rd floor
Edmonton, Alberta
T5K 2E8
Telephone: (403) 422-5402
FAX: (780) 422-1106
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

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 2, 1991
Court of Queen’s Bench of Alberta

91030115C3

One count of sexual assault contrary to s. 271 of the Criminal Code R.S.C. 1985,

February 4, 1993
Court of Appeal of Alberta (Edmonton)

9103-0837-A

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

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