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25240

Damon Gregory Horne v. Her Majesty the Queen

(Alberta) (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)
1998-03-04 Appeal closed
1998-02-26 Record returned to the Registrar of the Court of Appeal, (2 boxes)
1998-02-10 Copy of formal judgment being prepared, all parties
1998-02-09 Formal judgment sent to the registrar of the court of appeal and all parties, Alberta (Edmonton)
1998-02-05 $50.00 filing fee for notice of motion, miscellaneous (to adjourn and to reconsider) receipt #30061 Damon Gregory Horne
1998-01-23 Judgment on the appeal rendered, L'HD Co McL Ia Ma
Dismissed, no order as to costs
1998-01-23 Hearing of the appeal, 1998-01-23, L'HD Co McL Ia Ma
1998-01-23 General proceeding, CONDENSED ARGUMENT BOOK 10 copie given in Court Damon Gregory Horne
1998-01-20 Appellant's factum, 24 copies (REVISED) sent to L'HD Co McL I Ma, Jan. 20/98, Completed on: 1998-01-20 Damon Gregory Horne
1998-01-16 Correspondence (sent by the Court) to, from Gowling re: duration of argument
1998-01-14 Decision on motion to adjourn the hearing of the appeal, and the motion for reconsideration, CJ
Dismissed, no order as to costs
1998-01-14 Hearing of motion to adjourn the hearing of the appeal, 1998-01-14, and the motion for reconsideration, CJ
1998-01-14 Submission of motion to adjourn the hearing of the appeal, 1998-01-14, and the motion for reconsideration, CJ
1998-01-14 Proof of service, of the appellant's factum, revised by the Respondent - book form
1998-01-13 Affidavit, of Christie Pubben re: motion for adjournment - 2 copies Her Majesty the Queen
1998-01-13 General proceeding, 2 copies of Respondent's response on motion for adjournment Her Majesty the Queen
1998-01-12 Affidavit, to reconsider Mr. Justice Cory's order of Nov. 25, 1997 (of Damon Gregory Horne), with service Damon Gregory Horne
1998-01-12 Notice of miscellaneous motion, to reconsider Mr. Justice Cory's order of Nov. 25, 1997 (bookform), with service, Completed on: 1998-01-12 Damon Gregory Horne
1998-01-12 Affidavit, 2 copies (of Damon Gregory Horne), with service Damon Gregory Horne
1998-01-12 Motion to adjourn the hearing of the appeal, 2 copies (bookform), with service, Completed on: 1998-01-12 Damon Gregory Horne
1998-01-07 General proceeding, 1 copy of APPELLANT'S FACTUM (revised to conform with the order of Justice Cory) Damon Gregory Horne
1998-01-07 Correspondence (sent by the Court) to, (by fax) dated Jan. 6/98 from Damon Horne re: does NOT WISH for the Crown to file a factum on his behalf (joint with a letter to Henry S. Brown, Q.C. dated Jan. 6/98)
1998-01-06 Proof of service, of the respondent's factum (book form)
1998-01-05 General proceeding, 25 copies of REVISED FACTUM (prepared & filed by Crown)(see letter of Mr. Horne dated Jan. 7/98) Damon Gregory Horne
1997-12-29 Correspondence (sent by the Court) to, (by fax) from Mr. Horne; re: to adjourn the appeal (98-01-02 Mr. Horne advised by phone that a formal motion should be filed)
1997-12-24 Respondent's factum, 25 copies, Completed on: 1997-12-24 Her Majesty the Queen
1997-12-16 Correspondence (sent by the Court) to, from Henry S. Brown, Q.C.; re: appellant's factum to contain only those paragraphs left unstruck by the Court
1997-12-16 General proceeding, (AVISED MR. HORNE BY PHONE A SECOND TIME THAT HE WILL HAVE TO FILE AN AMENDED FACTUM)
1997-12-11 Appeal hearing scheduled, 1998-01-23
1997-12-01 Proof of service, of Henry Brown's letter dated Nov. 20, 1997
1997-11-22 General proceeding, (ADVISED MR. HORNE BY PHONE THAT HE WILL HAVE TO FILE AN AMENDED FACTUM)
1997-11-22 Decision on motion to strike out, parts of the appellant's factum. Paragraphs 41 to 65 and paragraphs 83 to 99 are struck out. The respondent will have 30 days from the date of this order to file its factum. (For detailed order see file), Co
Granted, no order as to costs
1997-11-22 Hearing of motion to strike out, 1997-11-22, parts of the appellant's factum. Paragraphs 41 to 65 and paragraphs 83 to 99 are struck out. The respondent will have 30 days from the date of this order to file its factum. (For detailed order see file), Co
1997-11-22 Submission of motion to strike out, 1997-11-22, parts of the appellant's factum. Paragraphs 41 to 65 and paragraphs 83 to 99 are struck out. The respondent will have 30 days from the date of this order to file its factum. (For detailed order see file), Co
1997-11-20 Correspondence (sent by the Court) to, from Henry Brown to Registrar, letter dated Nov. 20, 1997 re: the respondent has no reply to make to the appellant's response on motion to strike
1997-11-18 Proof of service, of the respondent's motion to strike
1997-11-12 General proceeding, 4 copies of Appellant's reply and book of Authorities (book form) re: motion to strike, with service Damon Gregory Horne
1997-11-12 General proceeding, 4 copies of Excerpt from case on appeal (re: motion to strike), with service Damon Gregory Horne
1997-11-12 General proceeding, 4 copies of Appellant's memorandum in response to the motion to strike (book form), with service Damon Gregory Horne
1997-11-06 Book of authorities, 10 copies of vol. 1 and 2, Completed on: 1997-11-06 Damon Gregory Horne
1997-11-03 $50.00 filing fee for notice of motion, to strike out receipt #28057 Her Majesty the Queen
1997-11-03 Motion to strike out, parts of the appellant's factum 1 copy (Bookform), Completed on: 1997-11-03 Her Majesty the Queen
1997-10-22 Appeal perfected for hearing, Session beginning on 1998-01-19
1997-09-29 Supplemental document, Case on Appeal, vol. IV; 24 copies Damon Gregory Horne
1997-09-29 $50.00 filing fee for notice of motion, receipt #34840 (on motion to file supp. Case) Damon Gregory Horne
1997-09-23 Decision on miscellaneous motion, to file a supplementary volume to the case on appeal, Reg
Granted, no order as to costs
1997-09-23 Hearing of miscellaneous motion, 1997-09-23, to file a supplementary volume to the case on appeal, Reg
1997-09-23 Submission of miscellaneous motion, 1997-09-23, to file a supplementary volume to the case on appeal, Reg
1997-09-19 Response to miscellaneous motion, to file a supplemental Case on Appeal, Completed on: 1997-09-19 Her Majesty the Queen
1997-09-05 Affidavit, to file a supplemental Case on Appeal; 5 copies; Damon Gregory Horne, with service Damon Gregory Horne
1997-09-05 Notice of miscellaneous motion, to file a supplemental Case on Appeal; 5 copies, with service, Completed on: 1997-09-05 Damon Gregory Horne
1997-08-27 Appellant's factum, 28 copies (see order dated May 5, 1997) (4 more copies received on Nov. 12, 1997), Completed on: 1997-08-27 Damon Gregory Horne
1997-07-17 Appeal court record, 1 box (joint with Trial record)
1997-07-17 Trial court record, 1 box (joint with C/A record)
1997-07-15 Correspondence (sent by the Court) to, sent to Damon Gregory Horne (Drumheller, AB) enclosing a copy of the notice to the profession dealing with condensed books
1997-07-15 Correspondence (sent by the Court) to, sent to A.G. of Alberta (Edmonton, AB) enclosing a copy of the notice to the profession dealing with condensed books
1997-07-10 Correspondence (sent by the Court) to, from Charles Davison, Barrister to Registrar, letter dated July 9, 1997 re: enclosing 27 copies of case on appeal (3 copies have been sent back to him as requested)
1997-07-10 Certified casebook, of vol. 1 to 5 Damon Gregory Horne
1997-07-10 Case on appeal, 23 copies of vol. 1 to 5 (see order dated July 4, 1997) Damon Gregory Horne
1997-07-04 Response to motion to extend time, to file the Case on appeal to july 11/97 (letterform from Gowlings), Completed on: 1997-07-04 Her Majesty the Queen
1997-07-04 Decision on motion to extend time, to file the case on appeal to July 11/97, Ia
Granted, no order as to costs
1997-07-04 Hearing of motion to extend time, 1997-07-04, to file the case on appeal to July 11/97, Ia
1997-07-04 Submission of motion to extend time, 1997-07-04, to file the case on appeal to July 11/97, Ia
1997-07-03 Affidavit, to file the Case on Appeal; Charles B. Davison, with service Damon Gregory Horne
1997-07-03 Affidavit, to file the Case on Appeal; Damon Gregory Horne, with service Damon Gregory Horne
1997-07-03 Motion to extend time, to file the Case on Appeal, with service, Completed on: 1997-07-03 Damon Gregory Horne
1997-06-23 Correspondence (sent by the Court) to, from Mr. Horne; re: may be a day or so late to file the Case on appeal (ADVISED THAT A FURTHER EXTENSION OF TIME WILL BE REQUIRED IF LATE)
1997-06-13 Proof of service, of Order dated May 28/97
1997-05-28 Order on motion to adduce new evidence
1997-05-05 Decision on motion to adduce new evidence, Dismissed; Reconsideration of Refusal of Leave - Dismissed; Under Criminal Code 695.2 Appeal deemed not abandoned on the condition that case on appeal be filed by June 30/97 & appellant's factum by Sept. 1/97, So Co McL Ia Ma
Dismissed, no order as to costs
1997-05-05 Hearing of the motion to adduce new evidence, 1997-05-05, Dismissed; Reconsideration of Refusal of Leave - Dismissed; Under Criminal Code 695.2 Appeal deemed not abandoned on the condition that case on appeal be filed by June 30/97 & appellant's factum by Sept. 1/97, So Co McL Ia Ma
1997-05-05 Submission of motion to adduce new evidence, 1997-05-05, Dismissed; Reconsideration of Refusal of Leave - Dismissed; Under Criminal Code 695.2 Appeal deemed not abandoned on the condition that case on appeal be filed by June 30/97 & appellant's factum by Sept. 1/97, So Co McL Ia Ma
1997-05-02 Proof of service, of the respondent's motion to extend the time and the respondent's memorandum in response to the motion for new evidence
1997-05-01 $50.00 filing fee for notice of motion, to extend time receipt #34051 Damon Gregory Horne
1997-05-01 Affidavit, (of Peter V. Teasdale, Q.C.) Damon Gregory Horne
1997-05-01 Motion to extend time, to file the respondent's memorandum of argument and the affidavit of Peter V. Teasdale, Completed on: 1997-05-01 Damon Gregory Horne
1997-04-30 Respondent's argument on the motion to adduce new evidence, 10 copies (service and extension requested) (joint response on motion for re-consideration a denial of leave to appeal) Her Majesty the Queen
1997-04-29 Correspondence (sent by the Court) to, from P. Moreau to D. Beaulieu, letter dated April 29, 1997 (fax copy) re: will be appearing by video conference from Edmonton on May 5, 1997
1997-04-29 General proceeding, Order of C.A. stating that Mr. Horne is in custody and should be escorted to Calgary AGT Building on May 5/97 at 7:30 a.m.
1997-04-29 Correspondence (sent by the Court) to, sent to Paul Moreau (A.G. Alberta) to advise him of the arrangements made for him to appear by video conference and the location (sent by fax)
1997-04-28 Correspondence (sent by the Court) to, sent to Damon Gregory Horne to advise him of the arrangements made for him to appear on May 5/97 by video conferene from Calgary, AB and the location (sent by fax)
1997-04-16 Correspondence (sent by the Court) to, (by fax) from Paul L. Moreau; re: requesting a further extension to file the factum to May 2/97
1997-04-15 Correspondence (sent by the Court) to, from Mr. Horne regarding his situation for legal assistance with copies of letters addressed to Mr. Moreau and Mr. Davison
1997-03-25 Correspondence (sent by the Court) to, from P. Moreau to Registrar, letter dated March 21, 1997 re: requesting a further extension (see Feb. 19, 1997 - E.V.B. has been advised to file a formal notice of motion)
1997-03-12 Correspondence (sent by the Court) to, from Legal Aid to D. Horne, letter dated Jan. 16, 1997 re: denying his request for coverage
1997-02-24 Correspondence (sent by the Court) to, from D. Horne addressed to Paul Moreau, Attorney General of Alberta, letter dated Feb. 21, 1997
1997-02-24 Correspondence (sent by the Court) to, from D. Horne to A. Roland, letter dated Feb. 20, 1997 re: will prepare a motion to the Court to request legal assistance
1997-02-19 Correspondence (sent by the Court) to, from Paul L. Moreau; re: requesting an extension of time to March 14/97 to file the response to the motion to adduce new evidence and application to re-consider the leave application (EVB advised that a formal notice of motion to extend the time will be r
1997-02-13 Correspondence (sent by the Court) to, (by fax) dated Feb. 12/97 from Paul L. Moreau to advise the Court that he requests an extension of time for filing replies to March 14/97
1997-01-24 Correspondence (sent by the Court) to, dated Jan. 21/97 from Mr. Horne to the Registrar re: reconsideration of leave to appeal which was dismissed on Oct.17/96 and joint with letters to and from Legal Aid Society of Alberta
1997-01-24 Motion to adduce new evidence, 6 copies, Completed on: 1997-01-24 Damon Gregory Horne
1996-11-26 Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson
1996-11-26 Copy of formal judgment on leave being prepared, Drumheller Institute
1996-11-25 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Alberta (Edmonton)
1996-11-12 Proof of service, of the Mr. Brown's letter dated Oct. 16, 1996 sent to the Registrar and Mr. D. Horne re: case on appeal
1996-10-18 Correspondence (sent by the Court) to, from D. Beaulieu addressed to Mr. Horne; re: sending a sample of Case on Appeal; factum; rules and appointment of counsel (c.c. Henry S. Brown)
1996-10-17 Judgment of the Court on the application for leave to appeal, So Co McL Ia Ma, The application for leave to appeal is dismissed.
Dismissed, no order as to costs
1996-10-17 Close file on Leave
1996-10-17 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson
1996-10-17 Notice of deposit of judgment issued to all parties, Drumheller Institute (Alberta)
1996-10-16 Correspondence (sent by the Court) to, from Gowlings; re: that the motion to serve and file the Case on appeal be dismissed
1996-10-01 All materials on application for leave submitted to the Judges, So Co McL Ia Ma
1996-10-01 Correspondence received from, from A. Roland to Mr. Horne re: advising him that his leave application has been sumitted to the same bench that heard the motion to quash
1996-10-01 Proof of service, 1 copy of response
1996-09-30 Decision on the motion to quash the appeal, So Co McL Ia Ma
Dismissed, no order as to costs
1996-09-30 Hearing of the motion to quash, 1996-09-30, So Co McL Ia Ma
1996-09-30 Submission of motion to quash, 1996-09-30, So Co McL Ia Ma
1996-09-24 Correspondence (sent by the Court) to, sent to Paul Moreau re: motion to quash to be hear heard on Sept/30/96 by video conference.
1996-09-24 Correspondence (sent by the Court) to, sent to M. Damon G. Horne a copy of the letter sent to Paul Moreau.
1996-09-24 Order on motion to withdraw as solicitor
1996-09-24 Correspondence received from, from Gowlings; re: Mr. Paul L. Moreau will appear via teleconference Sept. 30/96 Her Majesty the Queen
1996-09-23 Decision on motion to withdraw as solicitor, (Richard A. Stroppel, Q.C.). Inn view of the fact that arrangements will have to be made to bring the appellant to Ottawa from Drumheller Institution, the motion to quash may require to be adjourned to a date to be fixed by the Registrar, So
Granted, no order as to costs
1996-09-23 Hearing of motion to withdraw as solicitor, 1996-09-23, (Richard A. Stroppel, Q.C.). Inn view of the fact that arrangements will have to be made to bring the appellant to Ottawa from Drumheller Institution, the motion to quash may require to be adjourned to a date to be fixed by the Registrar, So
1996-09-23 Submission of motion to withdraw as solicitor, 1996-09-23, (Richard A. Stroppel, Q.C.). Inn view of the fact that arrangements will have to be made to bring the appellant to Ottawa from Drumheller Institution, the motion to quash may require to be adjourned to a date to be fixed by the Registrar, So
1996-09-23 Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1996-09-23 Her Majesty the Queen
1996-09-20 Response to the motion to quash, 7 copies, Completed on: 1996-09-20 Damon Gregory Horne
1996-09-18 Correspondence (sent by the Court) to, dated Sept. 17/96 from Henry S. Brown (Gowlings) to advise the Court that the motion to quash and the application for leave to appeal should both be dealt with in writing and by the same panel
1996-09-17 Correspondence (sent by the Court) to, dated Sept. 17/96 from Martin W. Mason (Gowlings) re: to dispose of motion to quash in writing
1996-09-16 Affidavit, of Richard A. Stroppel, with service Damon Gregory Horne
1996-09-16 $50.00 filing fee for notice of motion, receipt no. 32587 Damon Gregory Horne
1996-09-16 Motion to withdraw as solicitor, for an order removing Richard A. Stroppel (1 copy), with service, Completed on: 1996-09-16 Damon Gregory Horne
1996-09-10 Service, copy of the RESPONDENT'S MOTION TO QUASH (admitted on July 3/96)
1996-08-26 General proceeding, 4 copies of book I & II Damon Gregory Horne
1996-08-26 General proceeding, 5 copies of factum of the appellant Damon Gregory Horne
1996-08-26 Affidavit, 4 copies (of Damon Gregory Horne) Damon Gregory Horne
1996-08-26 Motion to extend the time to file and or serve the application for leave to appeal, 4 copies, Completed on: 1996-08-26 Damon Gregory Horne
1996-08-26 $50.00 filing fee, receipt #32499 Damon Gregory Horne
1996-08-26 Application for leave to appeal, 5 copies (proof of service and C/A formal order missing), Completed on: 1996-09-10 Damon Gregory Horne
1996-07-25 Order on motion to extend time, to file application to quash
1996-07-24 Decision on motion to extend time, to quash to June 21/96, Reg
Granted, no order as to costs
1996-07-24 Hearing of motion to extend time, 1996-07-24, to quash to June 21/96, Reg
1996-07-24 Submission of motion to extend time, 1996-07-24, to quash to June 21/96, Reg
1996-07-24 Response to motion to extend time, to file the motion to quash, Completed on: 1996-07-24 Damon Gregory Horne
1996-07-24 $50.00 filing fee for notice of motion, receipt no. 32382 Her Majesty the Queen
1996-07-23 Response to motion to extend time, of Richard A. Stroppel re: Motion to quash, Completed on: 1996-07-23 Damon Gregory Horne
1996-07-23 Affidavit, of Paul L. Moreau re: motion to extend the time to file the motion to quash, with service Her Majesty the Queen
1996-07-23 Motion to extend time, to file the motion to quash to June 21/96 ($50.00 requested), with service, Completed on: 1996-07-23 Her Majesty the Queen
1996-07-12 General proceeding, 1 copy of reasons for judgment (Foisy J.A.), dated Feb. 26/96 Damon Gregory Horne
1996-07-12 Correspondence received from, from D. Horne, letter dated July 9/96 re: all documents on leave to appeal will be filed within 6 weeks Damon Gregory Horne
1996-06-24 $50.00 filing fee for notice of motion, receipt no. 32283 Her Majesty the Queen
1996-06-21 Motion to quash, 10 copies ($50.00, service and motion to extend the time requested), Completed on: 1996-06-21 Her Majesty the Queen
1996-04-26 Notice of application for leave to appeal, (1 copy), with service Damon Gregory Horne
1996-04-15 Correspondence (sent by the Court) to, sent to Brimacombe, Sanderman, Stroppel & Finlayson (Edmonton, AB) re: subsection 695(2) c.c. Kenneth Tjosvold and Gowling
1996-04-10 Correspondence (sent by the Court) to, sent to A.G.of AB (Edmonton, AB) enclosing copy of Rule 32 c.c. Gowling
1996-04-10 Correspondence (sent by the Court) to, sent to Brimacombe, Sanderman, Stroppel & Finlayson (Edmonton, AB) enclosing copy of Rule 32
1996-04-02 General proceeding, 1 copy of C.A. reasons Damon Gregory Horne
1996-03-27 $50.00 filing a notice of appeal, receipt #31795 Damon Gregory Horne
1996-03-27 Notice of appeal, With service, Completed on: 1996-03-27 Damon Gregory Horne

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
Horne, Damon Gregory Applicant Active

v.

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

Counsel

Party: Horne, Damon Gregory

Counsel
Name
Damon Gregory Horne
Contact information
Drumheller, Alberta
T0J 0Y0
Telephone: (403) 823-5101
FAX: (403) 823-8666

Party: Her Majesty the Queen

Counsel
Name
Paul E. Moreau
Contact information
Attorney General of Alberta
9833 - 109th St NW
3rd Fl
Edmonton, Alberta
T5K 2E8
Telephone: (403) 422-5042
FAX: (403) 342-2110
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

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

May 25, 1994
Provincial Court of Alberta

x

Conviction: see file

February 26, 1996
Court of Appeal of Alberta (Edmonton)

9403-0485-A2

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

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Webcasts

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Date modified: 2025-05-13