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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.


24974

Nick Carosella v. Her Majesty the Queen

(Ontario) (Criminal) (As of Right)

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)
1997-07-30 Appeal closed
1997-02-18 Copy of formal judgment being prepared, Burke-Robertson
1997-02-18 Copy of formal judgment being prepared, Gowling, Strathy & Henderson
1997-02-17 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1997-02-10 Record returned to the Registrar of the Court of Appeal, (1 box)
1997-02-07 Notice of deposit of judgment sent to all parties, Burke-Robertson
1997-02-07 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson
1997-02-06 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed, the judgment of the Court of Appeal is set aside and the judgement at trial staying the proceedings is restored. La Forest, L'Heureux-Dubé, Gonthier and McLachlin JJ. dissenting.
Allowed, no order as to costs
1996-06-25 General proceeding, transcripts received and distributed to the judges (80 pages)
1996-06-19 Hearing of the appeal, 1996-06-19, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1996-06-14 Book of authorities, 10 copies of vol. 1 and 2 (JOINT), Completed on: 1996-06-14 Nick Carosella
1996-06-12 Correspondence (sent by the Court) to, from Susan Chapman re: enclosing 24 REVISED RESPONDENT'S FACTUM
1996-06-12 Respondent's factum, 24 copies of REVISED FACTUM, Completed on: 1996-06-12 Her Majesty the Queen
1996-06-11 Correspondence (sent by the Court) to, (by fax) of Bruce Duncan re: Catherine Hoffman will be attending this appeal
1996-06-11 Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument (fax copy)
1996-06-10 Respondent's factum, 24 copies (see revised factum received on June 12/ 96), Completed on: 1996-06-10 Her Majesty the Queen
1996-05-13 Order on motion to extend time, to file the factum
1996-05-13 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause
1996-05-13 Decision on motion to extend time, to file the factum to Apr 18/96, CJ
Granted, no order as to costs
1996-05-13 Hearing of motion to extend time, 1996-05-13, to file the factum to Apr 18/96, CJ
1996-05-13 Submission of motion to extend time, 1996-05-13, to file the factum to Apr 18/96, CJ
1996-05-13 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, CJ
Granted, no order as to costs
1996-05-13 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-05-13, CJ
1996-05-13 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-05-13, CJ
1996-05-07 $50.00 filing fee for notice of motion, to extend time #receipt 32062 Nick Carosella
1996-05-07 Response to motion to extend time, to file the appellant's factum to April 25/96, Completed on: 1996-05-07 Her Majesty the Queen
1996-05-07 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, Completed on: 1996-05-07 Her Majesty the Queen
1996-05-07 Affidavit, to file the appellant's factum to April 18/96 (of Bruce Duncan) Nick Carosella
1996-05-07 Affidavit, (of Bruce Duncan) Nick Carosella
1996-05-07 Motion to extend time, to file the appellant' factum to April 18/96, Completed on: 1996-05-07 Nick Carosella
1996-05-07 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, Completed on: 1996-05-07 Nick Carosella
1996-04-29 Notice of hearing, With service Nick Carosella
1996-04-25 Appeal hearing scheduled, 1996-06-19
Decision reserved
1996-04-18 Appellant's factum, 24 copies (extension of time requested), with service, Completed on: 1996-04-18 Nick Carosella
1996-02-26 Appeal perfected for hearing, Session beginning on 1996-04-22
1996-02-08 Appeal court record, (1 box)
1996-02-07 Certified casebook, 1 copy of vols. 1 to 3 Nick Carosella
1996-01-29 Case on appeal, 23 copies of vol. I to III Nick Carosella
1995-11-06 Correspondence (sent by the Court) to, sent to A.G. of ON (Toronto, ON) enclosing copy of Rule 32 c.c. Burke-Robertson
1995-11-06 Correspondence (sent by the Court) to, sent to Bruce Duncan (Toronto, ON) enclosing copy of Rule 32
1995-11-02 General proceeding, 1 copy of C.A. judgment Nick Carosella
1995-11-02 $50.00 filing a notice of appeal, receipt #31002 Nick Carosella
1995-11-02 Notice of appeal, With service Nick Carosella

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
Carosella, Nick Applicant Active

v.

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

Counsel

Party: Carosella, Nick

Counsel
Name
Bruce W. Duncan
Contact information
56 TEMPERANCE ST
8TH FL
TORONTO, Ontario
M5H 3V5
Telephone: (416) 361-3133
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Her Majesty the Queen

Counsel
Name
Susan Chapman
Contact information
Attorney General for Ontario
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4509
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

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 24, 1994
Ontario Court of Justice (General Division)

x

stay of proceedings granted on charge of gross indecency

October 5, 1995
Court of Appeal for Ontario

C20478

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

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