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25075

Gerald James Phillips, et al. v. Her Majesty the Queen, et al.

(Nova Scotia) (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)
1997-07-31 Appeal closed
1997-04-23 Formal judgment sent to the registrar of the court of appeal and all parties, Nova Scotia (Halifax)
1997-04-23 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1997-04-23 Copy of formal judgment being prepared, Lang, Michener (Ottawa, ON)
1997-04-23 Copy of formal judgment being prepared, Beament, Green, Dust (Ottawa, ON)
1997-03-21 Notice of deposit of judgment sent to all parties, Burke-Robertson
1997-03-21 Notice of deposit of judgment sent to all parties, Lang, Michener
1997-03-21 Notice of deposit of judgment sent to all parties, Beament, Green, Dust
1997-03-20 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, Subject to the direction regarding costs, the appeal is dismissed and the order directing the new trial is confirmed, McLachlin and Major JJ. dissenting. The appellants should recover their reasonable legal costs of the proceedings to date and should be paid the reasonable legal costs incurred in the new trial.
Dismissed, no order as to costs
1996-12-10 General proceeding, transcripts received and distributed to the judges (81 pages)
1996-11-26 Hearing of the appeal, 1996-11-26, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1996-11-25 General proceeding, 12 copies of CONDENSED BOOK OF EVIDENCE AND AUTHORITIES Her Majesty the Queen
1996-11-25 Correspondence (sent by the Court) to, (by fax) dated Nov. 25/96 from Stephen Grace (Beament Green) re: counsel appearing at the hearing
1996-11-25 General proceeding, 12 copies of vol. 1 and 2 of CONDENSED CHARTER SUBMISSIONS Gerald James Phillips
1996-11-25 General proceeding, 12 copies of CONDENSED RECUSAL SUBMISSIONS Gerald James Phillips
1996-11-25 General proceeding, to note 12 copies of CONDENSED BOOK OF EVIDENCE & AUTHORITIES Roger James Parry
1996-11-14 Decision on motion for additional time to present oral argument, Co, - The appellants Roger James Parry and Gerald James Phillips are to have one hour each to make their submissions on this appeal. This order is subject to the condition that these submissions are to be distinct in that they are to raise different issues. They must not duplicate each other or be repetitious in their content
Granted, no order as to costs
1996-11-14 Hearing of motion for additional time to present oral argument, 1996-11-14, Co
1996-11-14 Submission of motion for additional time to present oral argument, 1996-11-14, Co
1996-11-05 Response to the motion for additional time to present oral argument, for additional time of 1 hour (Beament, Green) (fax copy), Completed on: 1996-11-05 Her Majesty the Queen
1996-10-30 $50.00 filing fee for notice of motion, receipt #32901 Gerald James Phillips
1996-10-30 Affidavit, N. Kent Clark, with service Gerald James Phillips
1996-10-30 Motion for additional time to present oral argument, With service, Completed on: 1996-10-30 Gerald James Phillips
1996-10-29 Notice of hearing, With service Gerald James Phillips
1996-10-28 Response to the motion for additional time to present oral argument, (original received on Oct. 31, 1996), Completed on: 1996-10-28 Her Majesty the Queen
1996-10-28 Proof of service, of Vols. 1 and 2 of the Case on Appeal References
1996-10-21 Affidavit, 2 copies; John A. McKinlay, with service Roger James Parry
1996-10-21 $50.00 filing fee for notice of motion, receipt #32828 Roger James Parry
1996-10-21 Motion for additional time to present oral argument, 2 copies, with service, Completed on: 1996-10-21 Roger James Parry
1996-10-17 Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument
1996-10-16 Correspondence (sent by the Court) to, from John A. McKinlay; re: corrections to be made to the factum sent to CJ LaF L'HD So G Co McL I Ma oct 16/96
1996-10-16 General proceeding, 12 copies of vols. 1 and 2 of Case on Appeal References Roger James Parry
1996-10-10 Appeal hearing scheduled, 1996-11-26
Decision reserved
1996-10-01 Correspondence (sent by the Court) to, sent to Blois, Nickerson & Bryson (Halifax, NS) enclosing copy of notice to the profession dealing with condensed books c.c. Lang, Michener
1996-10-01 Correspondence (sent by the Court) to, sent to Nova Scotia Legal Aid (Halifax, NS) enclosing copy of notice to the profession dealing with condensed books c.c. Burke-Robertson
1996-10-01 Correspondence (sent by the Court) to, sent to Dept of Justice (Halifax, NS) enclosing copy of notice to the profession dealing with condensed books c.c. Beament, Green, Dust
1996-10-01 Correspondence (sent by the Court) to, sent to Garson, Knox & MacDonald (Halifax, NS) enclosing copy of notice to the profession dealing with condensed books c.c. Beament, Green Dust
1996-09-30 Decision on motion to adduce new evidence, G Co McL Ia Ma
Dismissed, no order as to costs
1996-09-30 Hearing of the motion to adduce new evidence, 1996-09-30, G Co McL Ia Ma
1996-09-30 Submission of motion to adduce new evidence, 1996-09-30, G Co McL Ia Ma
1996-09-27 Proof of service, of memorandum of argument on new evidence
1996-09-26 Respondent's argument on the motion to adduce new evidence, 10 copies Her Majesty the Queen
1996-09-25 Correspondence (sent by the Court) to, fron Lang, Michener re: names of counsel appearing at the hearing of motion for new evidence
1996-09-25 General proceeding, 11 copies of BOOK OF AUTHORITIES ON MOTION FOR NEW EVIDENCE Roger James Parry
1996-09-25 Appellant's argument on the motion to adduce new evidence, 11 copies Roger James Parry
1996-09-19 Affidavit, of G. Arthur Theuerkauf in reponse to the motion for new evidence 10 copies (bookform) Her Majesty the Queen
1996-09-19 Affidavit, of Herman C. Felderhof in response to the motion for new evidence (10 copies) Her Majesty the Queen
1996-09-16 Proof of service, of the supplementary affidavit of John A. McKinlay (service admitted on Sept. 11/96) (fax copy)
1996-09-11 Affidavit, of John A. McKinlay (SUPPLEMENTARY) re: motion to adduce new evidence - 10 copies (wait for service and respondent`s position) Roger James Parry
1996-09-04 Proof of service, of the respondent`s factum and book of authorities by the appellants
1996-08-29 Book of authorities, 10 copies, Completed on: 1996-08-29 Her Majesty the Queen
1996-08-28 Respondent's factum, 24 copies (RESPONDING TO PHILLIPS), Completed on: 1996-08-28 Her Majesty the Queen
1996-08-13 Decision on motion to extend time, to file the factum & authorities to Aug 2/96, Ia
Granted, no order as to costs
1996-08-13 Hearing of motion to extend time, 1996-08-13, to file the factum & authorities to Aug 2/96, Ia
1996-08-13 Submission of motion to extend time, 1996-08-13, to file the factum & authorities to Aug 2/96, Ia
1996-08-13 Book of authorities, 10 copies, Completed on: 1996-08-13 Her Majesty the Queen
1996-08-13 Respondent's factum, 24 copies (RESPONDING TO PARRY), Completed on: 1996-08-13 Her Majesty the Queen
1996-08-13 Order on motion to extend time, to file the factum
1996-08-12 Response to motion to extend time, to file the appellant's factum to August 2/96, Completed on: 1996-08-12 Her Majesty the Queen
1996-08-08 Proof of service, of factum and book of authorities of Gerald James Phillips
1996-08-08 $50.00 filing fee for notice of motion, receipt #32412 Gerald James Phillips
1996-08-08 Affidavit, to serve and file the factum and book of authorities to Aug. 2/96; 2 copies; N. Kent Clarke, with service Gerald James Phillips
1996-08-08 Motion to extend time, to serve and file the factum and book of authoriti es to Aug. 2/96; 2 copies, with service, Completed on: 1996-08-08 Gerald James Phillips
1996-08-06 Appeal perfected for hearing, Session beginning on 1996-09-30
1996-08-02 Book of authorities, 10 copies, with service, Completed on: 1996-08-02 Gerald James Phillips
1996-08-02 Appellant's factum, 24 copies (extension of time requested), with service, Completed on: 1996-08-02 Gerald James Phillips
1996-07-23 Proof of service, (acknowledgement of service) of the motion to adduce new evidence
1996-07-22 Correspondence (sent by the Court) to, from Blois, Nickerson to A. Roland, letter dated July 22/96 (fax copy) re: the filing of the factum will be delayed; also, CONSENTS on extension of time for the Respondent if necessary
1996-07-19 Certified casebook, (1 copy), with service
1996-07-16 Case on appeal, 23 copies (service admitted on July 15/96), with service Gerald James Phillips
1996-07-15 Affidavit, 10 copies (bookform) (of John A. McKinlay) Roger James Parry
1996-07-15 Motion to adduce new evidence, 10 copies (to be heard at the opening of the hearing), Completed on: 1996-07-15 Roger James Parry
1996-07-15 $50.00 filing fee for notice of motion, to add fresh evidence receipt #32353 Roger James Parry
1996-06-25 Proof of service, of factum and book of authorities (admitted on June 14/96)
1996-06-14 Book of authorities, 10 copies, Completed on: 1996-06-14 Roger James Parry
1996-06-14 Appellant's factum, 24 copies (see order of May 28/96), Completed on: 1996-06-14 Roger James Parry
1996-06-10 Correspondence (sent by the Court) to, from Nova Scotia Legal Aid to A. Roland, letter dated June 10/96 (fax copy) re: counsel arranged for Phillips, sent to CJ LaF L'HD So G Co McL I Ma June 11/96
1996-06-03 Proof of service, of Case on appeal (admitted on May 26/96)
1996-05-30 Correspondence (sent by the Court) to, of the Registrar to William B. Digby, Q.C. (Nova Scotia Legal Aid Executive Director) re: funding to Mr. Phillips
1996-05-28 Decision on miscellaneous motion, on behalf of Mr. Phillips for an order dismissing the respondent's motion to dismiss (see order of same date), CJ LaF L'HD So G Co McL Ia Ma
Dismissed, no order as to costs
1996-05-28 Hearing of miscellaneous motion, 1996-05-28, on behalf of Mr. Phillips for an order dismissing the respondent's motion to dismiss (see order of same date), CJ LaF L'HD So G Co McL Ia Ma
1996-05-28 Submission of miscellaneous motion, 1996-05-28, on behalf of Mr. Phillips for an order dismissing the respondent's motion to dismiss (see order of same date), CJ LaF L'HD So G Co McL Ia Ma
1996-05-28 Decision on miscellaneous motion, on behalf of Mr. Phillips for the appointment of counsel, adjourned to June 12/96 (see order of same date)
Traversed, no order as to costs
1996-05-28 Hearing of miscellaneous motion, 1996-05-28, on behalf of Mr. Phillips for the appointment of counsel, adjourned to June 12/96 (see order of same date)
Adjourned
1996-05-28 Submission of miscellaneous motion, 1996-05-28, on behalf of Mr. Phillips for the appointment of counsel, adjourned to June 12/96 (see order of same date)
Adjourned
1996-05-28 Decision on miscellaneous motion, on behalf of the respondent for an order dismissing the appeals of both appellants for delay (see order of same date), CJ LaF L'HD So G Co McL Ia Ma
Dismissed, no order as to costs
1996-05-28 Hearing of miscellaneous motion, 1996-05-28, on behalf of the respondent for an order dismissing the appeals of both appellants for delay (see order of same date), CJ LaF L'HD So G Co McL Ia Ma
1996-05-28 Submission of miscellaneous motion, 1996-05-28, on behalf of the respondent for an order dismissing the appeals of both appellants for delay (see order of same date), CJ LaF L'HD So G Co McL Ia Ma
1996-05-28 Decision on motion to extend time, (see order of same date), CJ LaF L'HD So G Co McL Ia Ma
Granted, no order as to costs
1996-05-28 Hearing of motion to extend time, 1996-05-28, (see order of same date), CJ LaF L'HD So G Co McL Ia Ma
1996-05-28 Submission of motion to extend time, 1996-05-28, (see order of same date), CJ LaF L'HD So G Co McL Ia Ma
1996-05-28 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (see order of same date), CJ LaF L'HD So G Co McL Ia Ma
Granted, no order as to costs
1996-05-28 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-05-28, (see order of same date), CJ LaF L'HD So G Co McL Ia Ma
1996-05-28 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-05-28, (see order of same date), CJ LaF L'HD So G Co McL Ia Ma
1996-05-28 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (FOR COMPLETE ORDER SEE FILE) 2. The factum of Parry to be filed by June 14, 1996. 4. It was agreed by all counsel present and by Phillips appearing in person that much of the material contained in Appeal Books filed on behalf of Parry will a
1996-05-24 Proof of service, of the Case on Appeal
1996-05-24 Case on appeal, 69 boxes (11 copies of vol. I to LVII) Roger James Parry
1996-05-24 Affidavit, of G. Arthur Theuerkauf along with letters from the Dept. of Justice of Nova Scotia sent to CJ LaF L'HD So G Co McL I Ma, May 27/96, with service Her Majesty the Queen
1996-05-14 Affidavit, of Karen L. Collins in response to the respondent' s motion to dismiss, with service Roger James Parry
1996-05-14 Order on motion to dispense with printing
1996-05-06 Decision on motion to dispense with printing, Reg, - with the variation that the appellant is allowed to file only 1 complete copy of the case on appeal as described and further 10 copies including parts II and III (evidence and documentary exhibits contained in the Provincial Appeal Record. Further that 14 copies containing parts I, IV and V be filed
Granted, no order as to costs
1996-05-06 Hearing of motion to dispense with printing, 1996-05-06, Reg
1996-05-06 Submission of motion to dispense with printing, 1996-05-06, Reg
1996-05-03 $50.00 filing fee for notice of motion, receipt no. 32056 re: motion to dismiss the respondent's motion Gerald James Phillips
1996-05-03 Affidavit, of Gerald J. Phillips re: motion to dismiss the respondent's motion filed on May 3/96 - 2 copies Gerald James Phillips
1996-05-03 Notice of miscellaneous motion, TO DISMISSED THE RESPONDENT'S MOTION FILED ON MAY 3/96 - 2 copies, Completed on: 1996-05-03 Gerald James Phillips
1996-05-03 Affidavit, of G. Arthur Theuerkauf re: motion to dismiss the appeal, with service Her Majesty the Queen
1996-05-03 Notice of miscellaneous motion, (to dismissed the appeal for both appellants for failure to serve and file case on appeal and factums) - 2 copies ($50.00 requested), with service, Completed on: 1996-05-03 Her Majesty the Queen
1996-05-02 $50.00 filing fee for notice of motion, receipt no. 32027 (re: motion to appoint counsel) Gerald James Phillips
1996-05-02 Affidavit, of Gerald J. Phillips (2 copies) (re: motion to appoint counsel) Gerald James Phillips
1996-05-02 Notice of miscellaneous motion, TO APPOINT COUNSEL - 2 copies, Completed on: 1996-05-02 Gerald James Phillips
1996-05-01 $50.00 filing fee for notice of motion, receipt #32012 Roger James Parry
1996-04-26 Affidavit, 1 copy; John A. McKinlay, with service Roger James Parry
1996-04-26 Motion to dispense with printing, 1 copy, with service, Completed on: 1996-04-26 Roger James Parry
1996-04-25 $50.00 filing fee for notice of motion, receipt #31970 Her Majesty the Queen
1996-04-25 Affidavit, 2 copies; G. Arthur Theuerkauf, with service Her Majesty the Queen
1996-04-25 Motion to dismiss the appeal for want of prosecution, 2 copies, with service, Completed on: 1996-04-25 Her Majesty the Queen
1996-04-23 General proceeding, 1 copy of formal order of C.A. (R. J. Parry) Roger James Parry
1996-04-19 $50.00 filing fee for notice of motion, receipt no. 31923 Gerald James Phillips
1996-04-19 Correspondence (sent by the Court) to, from G. Phillips, letter dated April 15/96 re: enclosing $50.00 as filing fee for motion and letters sent to Nova Scotia Aid and Garson, Knox (wait for admission of service of motion)
1996-04-02 Affidavit, of Gerald James Phillips (joint affidavit) Gerald James Phillips
1996-04-02 Motion to extend time, to file the case on appeal and the appellant's factum to Sept. 13/96, Completed on: 1996-04-02 Gerald James Phillips
1996-04-02 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, 2 copies (joint with motion to extend the time, service and $50.00 requested), Completed on: 1996-04-02 Gerald James Phillips
1996-03-27 Correspondence (sent by the Court) to, (by fax) from Mr. Phillips; re: not represented by the counsel; attempting to secure legal Aid
1996-01-22 Correspondence (sent by the Court) to, sent to Nova Scotia Legal Aid (New Glasgow, NS) re: subsection 695(2) c.c. Gerald J. Phillips, Kenneth Fisk, Q.C., Robert Houston, Q.C., Eugene Meehan, Stephen Grace
1996-01-22 Correspondence (sent by the Court) to, sent to Gerald J. Phillips (Clearwater, Florida) re: subsection 695(2) c.c. Frank DeMont, Kenneth Fisk, Q.C., Eugene Meehan, Robert Houston, Q.C., Stephen Grace
1996-01-19 Correspondence (sent by the Court) to, sent to A.G. of NS (Halifax, NS) enclosing copy of Rule 32
1996-01-19 Correspondence (sent by the Court) to, sent to Nova Scotia Legal Aid (New Glasgow, NS) enclosing copy of Rule 32 c.c. Robert Houston, Q.C
1996-01-19 Correspondence (sent by the Court) to, sent to Gerald J. Phillips (Clearwater, Florida) enclosing copy of Rule 32 c.c. Eugene Meehan
1996-01-10 General proceeding, to note a copy of the Nova Scotia's Court of Appeal order and reasons for judgment (joint with R. J. Parry), with service Gerald James Phillips
1995-12-28 $50.00 filing a notice of appeal, receipt no. 31312 Gerald James Phillips
1995-12-28 Notice of appeal, (1 copy) (reasons requested), with service Gerald James Phillips
1995-12-21 $50.00 filing a notice of appeal, receipt no. 31288 Roger James Parry
1995-12-21 Notice of appeal, 1 copy (reasons requested), with service Roger James Parry

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
Phillips, Gerald James Applicant Active

v.

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

And Between

Sub parties (1) - Appellants
Name Role Status
Parry, Roger James Applicant Active

v.

Sub parties (1) - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: Phillips, Gerald James

Counsel
Name
Gordon R. Kelly
Contact information
Blois, Nickerson & Bryson
500 - 1568 Hollis St.
P.O. Box 2147, Stn. Central
Halifax, Nova Scotia
B3J 3B7
Telephone: (902) 425-6000
FAX: (902) 429-7347
Email: gkelly@bloisnickerson.com
Agent
Name
Eugene Meehan, Q.C.
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: Parry, Roger James

Counsel
Names
Frank E. DeMont
J. David Eaton
Contact information
Nova Scotia Legal Aid
400 - 5475 SPRING GARDEN RD
HALIFAX, Nova Scotia
B3J 3T2
Telephone: (902) 420-3471
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: Her Majesty the Queen

Counsel
Name
Craig M. Garson
Contact information
Garson, Knox & MacDonald
1770 MARKET ST
HALIFAX, Nova Scotia
B3J 3M3
Telephone: (902) 425-0222
FAX: (902) 423-4690
Agent
Name
Stephen J. Grace
Contact information
Beament, Green, Dust
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555

Summary

Keywords

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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

December 1, 1995
Nova Scotia Court of Appeal

118503

appeal allowed (see file)

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

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Webcasts

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Date modified: 2025-05-13