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.
23747
Her Majesty the Queen v. Josh Randall Borden
(Nova Scotia) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1995-07-12 | Correspondence (sent by the Court) to, (1 env.) sent to NS Prothonotary's Office (Halifax, NS) | |
| 1994-11-09 | Formal judgment sent to the registrar of the court of appeal and all parties, Nova Scotia (Halifax) | |
| 1994-11-09 | Copy of formal judgment being prepared, Beament, Green, Dust (Ottawa, ON) | |
| 1994-11-09 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-10-03 | Notice of deposit of judgment sent to all parties, Beament, Green, Dust (Ottawa, ON) | |
| 1994-10-03 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-09-30 |
Judgment on the appeal rendered, CJ LaF So G McL Ia Ma, The appeal is dismissed. Dismissed, no order as to costs |
|
| 1994-08-08 | Correspondence (sent by the Court) to, of Mr. S. Ronald Fainstein dated August 5/94 along with 10 copies of a Court of Appeal in England, in "R. V. Kelt" requesting to distribute that decision to members of the Court sent to CJ LaF So G McL I Ma, Aug 11/94 | |
| 1994-08-08 | General proceeding, to note 10 copies of a decision of the Court of Appeal in England, in "R. v. Kelt" to be distributed to the justices | Her Majesty the Queen |
| 1994-06-27 | General proceeding, transcripts received and distributed to the judges (103 pages) | |
| 1994-06-16 |
Hearing of the appeal, 1994-06-16, CJ LaF So G McL Ia Ma Decision reserved |
|
| 1994-06-14 | Correspondence (sent by the Court) to, of Robert Frater re duration of argument | |
| 1994-06-09 | Correspondence (sent by the Court) to, from Gowling re: duration of argument | |
| 1994-06-08 | Book of authorities, 10 copies, with service | Attorney General of Canada |
| 1994-06-03 | Book of authorities, JOINT 10 copies | Her Majesty the Queen |
| 1994-06-02 | Appeal court record, (accordeon) (Halifax, N.S.) | |
| 1994-05-19 | Respondent's factum, 24 copies, with service | Josh Randall Borden |
| 1994-05-16 | Order on miscellaneous motion, re: order permitting filing of factum ... | |
| 1994-05-16 |
Decision on miscellaneous motion, order permitting the filing of the Attorney General of Canada's factum, notwithstanding the inadvertant omission of numbers in the margin every 10th line. It it is ordered that the factum be permitted to be filed as tendered, Reg Granted, no order as to costs |
|
| 1994-05-16 | Hearing of miscellaneous motion, 1994-05-16, order permitting the filing of the Attorney General of Canada's factum, notwithstanding the inadvertant omission of numbers in the margin every 10th line. It it is ordered that the factum be permitted to be filed as tendered, Reg | |
| 1994-05-16 | Submission of miscellaneous motion, 1994-05-16, order permitting the filing of the Attorney General of Canada's factum, notwithstanding the inadvertant omission of numbers in the margin every 10th line. It it is ordered that the factum be permitted to be filed as tendered, Reg | |
| 1994-05-13 |
Appeal hearing scheduled, 1994-06-16 Decision reserved |
|
| 1994-05-12 | Response to miscellaneous motion, to accept the intervener's A.G. of Canada factum without every 10 lines numbered | Her Majesty the Queen |
| 1994-05-12 | Response to miscellaneous motion, to accept the intervener's A.G. of Canada factum without every 10 lines numbered | Josh Randall Borden |
| 1994-05-12 | Affidavit, to accept the intervener's factum notwithstanding the omission of numbers in the margin every 10 lines (of Sandra Langford) | Attorney General of Canada |
| 1994-05-12 | Notice of miscellaneous motion, to accept the intervener's factum notwithstanding the omission of numbers in the margin every 10 lines | Attorney General of Canada |
| 1994-05-11 | Intervener's factum, 24 copies, with service | Attorney General of Canada |
| 1994-04-20 | Order on motion to extend time, to file the factum to March 25/94 | |
| 1994-04-20 |
Decision on motion to extend time, to file the factum to March 25/94, Reg Granted, no order as to costs |
|
| 1994-04-20 | Hearing of motion to extend time, 1994-04-20, to file the factum to March 25/94, Reg | |
| 1994-04-20 | Submission of motion to extend time, 1994-04-20, to file the factum to March 25/94, Reg | |
| 1994-04-19 | Response to motion to extend time, to file the appellant's factum to March 25/94 | Josh Randall Borden |
| 1994-04-18 | Order on motion for leave to intervene | |
| 1994-04-18 | Affidavit, to file the appellant's factum to March 25, 1994 (William D. Delaney), with service | Her Majesty the Queen |
| 1994-04-18 | Motion to extend time, to file the appellant's factum to March 25, 1994, with service | Her Majesty the Queen |
| 1994-04-15 | Notice of hearing, (1 copy), with service | Her Majesty the Queen |
| 1994-04-07 | Order on motion to extend time, to file case on appeal to March 17/94 | |
| 1994-04-07 |
Decision on motion to extend time, to file case on appeal to March 17/94, with service, Reg Granted, no order as to costs |
|
| 1994-04-07 | Hearing of motion to extend time, 1994-04-07, to file case on appeal to March 17/94, with service, Reg | |
| 1994-04-07 | Submission of motion to extend time, 1994-04-07, to file case on appeal to March 17/94, with service, Reg | |
| 1994-03-28 | Correspondence (sent by the Court) to, from Frank DeMont addressed to Williamd. Delaney; re: consented to a hearing date of June 1/94, when can factum be expected | |
| 1994-03-25 | Certified casebook, of vol. 1 and 2 | Her Majesty the Queen |
| 1994-03-25 | Affidavit, to file the case on Appeal to March 17/94; William D. Delaney, with service | Her Majesty the Queen |
| 1994-03-25 |
Decision on the motion for leave to intervene, oral argument limited to 30 minutes, with service, McL Granted, no order as to costs |
|
| 1994-03-25 | Hearing of motion for leave to intervene, 1994-03-25, oral argument limited to 30 minutes, with service, McL | |
| 1994-03-25 | Submission of motion for leave to intervene, 1994-03-25, oral argument limited to 30 minutes, with service, McL | |
| 1994-03-25 | Motion to extend time, to file the case on appeal to March 17/94, with service | Her Majesty the Queen |
| 1994-03-25 | Appellant's factum, 24 copies | Her Majesty the Queen |
| 1994-03-23 | Correspondence (sent by the Court) to, of John C. Pearson (Public Prosecution for Nova Scotia) to CONSENT to the application for leave to intervene of the A.G. of Canada and to present oral argument up to 30 minutes long | |
| 1994-03-21 | Correspondence (sent by the Court) to, from Stephen J. Grace re: not consenting to the intervention of A. G. CANADA (letter form) | |
| 1994-03-17 | Case on appeal, 23 copies of vols. 1 and 2 (extension of time requested) | Her Majesty the Queen |
| 1994-02-28 | Appeal perfected for hearing, Session beginning on 1994-04-25 | |
| 1993-12-22 | Correspondence (sent by the Court) to, (by fax) from Gowling; re: consents to the intervention of A.G. Canada, but only to 10 or 15 minutes of arguments | |
| 1993-12-08 | Affidavit, of John J. Walsh (2 copies), with service | Attorney General of Canada |
| 1993-12-08 | Motion for leave to intervene, and to present an oral argument up to 30 minutes (2 copies), with service | Attorney General of Canada |
| 1993-10-19 | Correspondence (sent by the Court) to, sent to Public Prosecution Service (Halifax, NS) c.c. Robert Frater, enclosing Rule 32 | |
| 1993-10-19 | Correspondence (sent by the Court) to, sent to Nova Scotia Legal Aid (New Glasgow, NS) enclosing Rule 32 | |
| 1993-10-14 | $30.00 filing fee, receipt #27683 | Her Majesty the Queen |
| 1993-10-14 | Notice of appeal, With service | 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
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Borden, Josh Randall | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Maritime Centre
1505 Barrington Street, Suite 1225
Halifax, Nova Scotia
B3J 3K5
Telephone: (902) 424-6795
FAX: (902) 424-0653
Email: delanewd@gov.ns.ca
Agent
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555
Party: Borden, Josh Randall
Counsel
Frank E. DeMont
400 - 5475 SPRING GARDEN RD
HALIFAX, Nova Scotia
B3J 3T2
Telephone: (902) 420-3471
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: Attorney General of Canada
Counsel
S.R. Fainstein, Q.C.
Maritime Centre
1505 Barrington Street, Suite 1225
Halifax, Nova Scotia
B3J 3K5
Telephone: (902) 424-6795
FAX: (902) 424-0653
Email: delanewd@gov.ns.ca
Agent
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555
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 Nova Scotia
x
conviction: sexual assault
Nova Scotia Court of Appeal
02732
appeal allowed
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