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.
26100
Brian Arp v. Her Majesty the Queen
(British Columbia) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1999-06-09 | Appeal closed | |
| 1999-01-26 | Record returned to the Registrar of the Court of Appeal | |
| 1999-01-06 | Notice of deposit of judgment sent to all parties | |
| 1999-01-06 | Copy of formal judgment being prepared | |
| 1998-12-03 | Notice of deposit of judgment sent to all parties | |
| 1998-11-26 |
Judgment on the appeal rendered, CJ L'HD G Co McL Ia Ma Ba Bi, The appeal is dismissed. Dismissed, no order as to costs |
|
| 1998-07-10 | General proceeding, transcript received and distributed to the justices (67 pages) | |
| 1998-06-18 |
Hearing of the appeal, 1998-06-18, CJ L'HD G Co McL Ia Ma Ba Bi Decision reserved |
|
| 1998-06-11 | Book of authorities, 12 copies vol. I & II, Completed on: 1998-06-11 | Attorney General of Canada |
| 1998-06-11 | Proof of service, of the factum and authorities, with service | |
| 1998-06-10 | Intervener's factum, 24 copies, with service, Completed on: 1998-06-10 | Attorney General for Ontario |
| 1998-06-09 | Notice of appearance, (S. Ronald Fainstein, Q.C. and Chantal Proulx) | Attorney General of Canada |
| 1998-06-02 | Book of authorities, 13 copies, with service, Completed on: 1998-06-02 | Attorney General of Alberta |
| 1998-06-02 | Service, copy of the intervener's factum | |
| 1998-06-01 | Book of authorities, 12 copies, with service, Completed on: 1998-06-01 | Her Majesty the Queen |
| 1998-05-28 | Intervener's factum, 24 copies, Completed on: 1998-05-28 | Attorney General of Alberta |
| 1998-05-26 | Order on motion for leave to intervene, BY FILING A FACTUM ONLY | |
| 1998-05-22 | Order on motion for leave to intervene | |
| 1998-05-15 | Intervener's factum, 24 copies, with service, Completed on: 1998-05-15 | Attorney General of Canada |
| 1998-05-13 |
Decision on motion to extend time, to file their factum to May 7/98, Reg Granted, no order as to costs |
|
| 1998-05-13 | Hearing of motion to extend time, 1998-05-13, to file their factum to May 7/98, Reg | |
| 1998-05-13 | Submission of motion to extend time, 1998-05-13, to file their factum to May 7/98, Reg | |
| 1998-05-07 | Respondent's factum, 24 copies, with service, Completed on: 1998-05-07 | Her Majesty the Queen |
| 1998-05-07 | $50.00 filing fee for notice of motion, to extend time receipt #30571 | Her Majesty the Queen |
| 1998-05-07 | Affidavit, to file the respondent's factum to May 7/98 | Her Majesty the Queen |
| 1998-05-07 | Motion to extend time, to file the respondent's factum to May 7/98, Completed on: 1998-05-07 | Her Majesty the Queen |
| 1998-05-06 |
Decision on motion to extend time, for leave to intervene, Ma Granted, no order as to costs |
|
| 1998-05-06 | Hearing of motion to extend time, 1998-05-06, for leave to intervene, Ma | |
| 1998-05-06 | Submission of motion to extend time, 1998-05-06, for leave to intervene, Ma | |
| 1998-05-06 |
Decision on the motion for leave to intervene, factum is limited to 20 pages and oral argument to 15 minutes, Ma Granted, no order as to costs |
|
| 1998-05-06 | Hearing of motion for leave to intervene, 1998-05-06, factum is limited to 20 pages and oral argument to 15 minutes, Ma | |
| 1998-05-06 | Submission of motion for leave to intervene, 1998-05-06, factum is limited to 20 pages and oral argument to 15 minutes, Ma | |
| 1998-04-30 | Response to the motion for leave to intervene, of Gowling, Strathy re: intervention by A. G. Ontario, Completed on: 1998-04-30 | Brian Arp |
| 1998-04-28 | $50.00 filing fee for notice of motion, receipt no. 30510 | Attorney General for Ontario |
| 1998-04-28 | Motion to extend time, to file the motion to intervene (joint motion) - 2 copies, with service, Completed on: 1998-04-28 | Attorney General for Ontario |
| 1998-04-28 | Affidavit, of Jamie Klukach - 2 copies, with service | Attorney General for Ontario |
| 1998-04-28 | Motion for leave to intervene, (joint with motion to extend the time) - 2 copies, with service, Completed on: 1998-04-28 | Attorney General for Ontario |
| 1998-04-27 |
Decision on motion to extend time, for leave to intervene, Ma Granted, no order as to costs |
|
| 1998-04-27 | Hearing of motion to extend time, 1998-04-27, for leave to intervene, Ma | |
| 1998-04-27 | Submission of motion to extend time, 1998-04-27, for leave to intervene, Ma | |
| 1998-04-27 |
Decision on the motion for leave to intervene, The motion for an extension of time and for leave to intervene and file a 20 PAGE FACTUM ONLY is granted, Ma Granted, no order as to costs |
|
| 1998-04-27 | Hearing of motion for leave to intervene, 1998-04-27, The motion for an extension of time and for leave to intervene and file a 20 PAGE FACTUM ONLY is granted, Ma | |
| 1998-04-27 | Submission of motion for leave to intervene, 1998-04-27, The motion for an extension of time and for leave to intervene and file a 20 PAGE FACTUM ONLY is granted, Ma | |
| 1998-04-23 | Response to the motion for leave to intervene, on behalf of the A.G. Alberta (letterform from V.J. MacKinnon - by fax), Completed on: 1998-04-23 | Her Majesty the Queen |
| 1998-04-23 | Notice of hearing, With service | Brian Arp |
| 1998-04-23 | Affidavit, of Arnold Schlayer, with service | Attorney General of Alberta |
| 1998-04-23 | $50.00 filing fee for notice of motion, receipt no. 30487 | Attorney General of Alberta |
| 1998-04-23 | Motion for leave to intervene, (joint with motion to intervene), with service, Completed on: 1998-04-23 | Attorney General of Alberta |
| 1998-04-23 | Motion to extend time, (to file the motion to intervene), with service, Completed on: 1998-04-23 | Attorney General of Alberta |
| 1998-04-21 | Book of authorities, 10 copies (2 additional copies requested - EVB), Completed on: 1998-04-21 | Brian Arp |
| 1998-04-15 |
Appeal hearing scheduled, 1998-06-18 Decision reserved |
|
| 1998-03-25 | Appeal court record, (1 envelope) | |
| 1998-03-23 | Proof of service, upon the A.G.'s of the factum (2 copies) | |
| 1998-03-20 | Order on motion to extend time, for leave to intervene (1 ORDER JOINT WITH A056) | |
| 1998-03-20 | Order on motion for leave to intervene, (1 ORDER JOINT WITH A275) | |
| 1998-03-18 |
Decision on the motion for leave to intervene, factum is limited to 25 pages and oral argument to 20 minutes, Ma Granted, no order as to costs |
|
| 1998-03-18 | Hearing of motion for leave to intervene, 1998-03-18, factum is limited to 25 pages and oral argument to 20 minutes, Ma | |
| 1998-03-18 | Submission of motion for leave to intervene, 1998-03-18, factum is limited to 25 pages and oral argument to 20 minutes, Ma | |
| 1998-03-18 |
Decision on motion to extend time, for leave to intervene, Ma Granted, no order as to costs |
|
| 1998-03-18 | Hearing of motion to extend time, 1998-03-18, for leave to intervene, Ma | |
| 1998-03-18 | Submission of motion to extend time, 1998-03-18, for leave to intervene, Ma | |
| 1998-03-18 | Response to motion to extend time, for leave to intervene by the Attorney General of Canada, Completed on: 1998-03-18 | Her Majesty the Queen |
| 1998-03-18 | Response to the motion for leave to intervene, by the Attorney General of Canada, Completed on: 1998-03-18 | Her Majesty the Queen |
| 1998-03-11 |
Decision on motion for directions, CJ, regarding service of C. of A. judgment & factum on all A.G.'s. 1. The judgment of the B.C. Court of Appeal, the appellant's factum and the respondent's factum, when it is completed, should be served upon the Attorneys General so that they might have an opportunity to intervene; 2. The hearing of the appeal will proceed as scheduled on June 19/98 Granted, no order as to costs |
|
| 1998-03-11 | Hearing of motion for directions, 1998-03-11, CJ | |
| 1998-03-11 | Submission of motion for directions, 1998-03-11, CJ | |
| 1998-03-11 | Correspondence (sent by the Court) to, from Gowling, Strathy re: does not object the A.G. Canada intervenes in this appeal by filing a 25 page factum and 20 minute oral argument | |
| 1998-03-06 | $50.00 filing fee for notice of motion, (deducted from Justice account) | Attorney General of Canada |
| 1998-03-06 | Affidavit, 2 copies; Spencer Ronald Fainstein, with service | Attorney General of Canada |
| 1998-03-06 | Motion for leave to intervene, 2 copies, with service, Completed on: 1998-03-06 | Attorney General of Canada |
| 1998-03-06 | Affidavit, for leave to intervene; 2 copies; Spencer Ronald Fainstein, with service | Attorney General of Canada |
| 1998-03-06 | Motion to extend time, for leave to intervene; 2 copies, with service, Completed on: 1998-03-06 | Attorney General of Canada |
| 1998-03-02 | Correspondence (sent by the Court) to, from Burke-Robertson to M. Larmour, letter dated March 2, 1998 (fax copy) re: the respondent takes no position with respect to the motion for directions | |
| 1998-03-02 | Appeal perfected for hearing, Session beginning on 1998-04-27 | |
| 1998-02-19 | Motion for directions, 2 copies, with service, Completed on: 1998-02-19 | Brian Arp |
| 1998-02-16 | Correspondence (sent by the Court) to, dated Feb. 13/98 from Gowlings to confirm would like to proceed as early as possible in the April term | |
| 1998-02-13 | Proof of service, of the appellant's factum admitted on Feb. 11/98 | |
| 1998-02-10 | Appellant's factum, 24 copies, Completed on: 1998-02-10 | Brian Arp |
| 1998-01-07 | Correspondence (sent by the Court) to, sent to Dept. of Justice of B.C. (Prince George, BC) enclosing copy of notice to the profession dealing with condensed books by A. Roland | |
| 1998-01-07 | Correspondence (sent by the Court) to, sent to Gil David McKinnon, Q.C. (Vancouver, BC) enclosing copy of notice to the profession dealing with condensed books by A. Roland | |
| 1997-12-12 | Proof of service, of the case on appeal (4 volumes) (service admitted on Dec. 11, 1997) | |
| 1997-11-28 | Certified casebook, vol. I to IV | Brian Arp |
| 1997-11-28 | Case on appeal, 23 copies of vol. I to IV | Brian Arp |
| 1997-11-05 | Order granting leave to appeal | |
| 1997-10-29 | Correspondence (sent by the Court) to, sent to Gil D. McKinnon (Vancouver, BC) enclosing copy of Rule 32 (FAXED ON NOV. 12/97) | |
| 1997-10-29 | Correspondence (sent by the Court) to, sent to A.G. of British Columbia (Prince George, BC) enclosing copy of Rule 32 | |
| 1997-10-24 | Order granting leave to appeal | |
| 1997-10-23 | Notice of appeal, With service, Completed on: 1997-10-23 | Brian Arp |
| 1997-10-20 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON) | |
| 1997-10-20 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1997-10-16 |
Judgment of the Court on the application for leave to appeal, CJ Co McL, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1997-08-29 | All materials on application for leave submitted to the Judges, 1997-10-16, CJ Co McL | |
| 1997-08-29 | General proceeding, 5 copies of page 11 missing in the respondent's memorandum (to be inserted) | Her Majesty the Queen |
| 1997-08-05 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-08-05 | Her Majesty the Queen |
| 1997-06-25 | $50.00 filing fee, receipt #34388 | Brian Arp |
| 1997-06-25 | Application for leave to appeal, 5 copies vol 1 and 2, with service, Completed on: 1997-06-25 | Brian Arp |
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 |
|---|---|---|
| Arp, Brian | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
Counsel
Party: Arp, Brian
Counsel
1900 - 1040 West Georgia Street
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 661-1022
FAX: (604) 689-5177
Agent
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
250 George St
Prince George, British Columbia
V2L 5S2
Telephone: (250) 614-2601
FAX: (250) 061-4264
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Canada
Counsel
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4760
FAX: (613) 957-8412
Agent
Department of Justice
284 Wellington Street, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Attorney General of Alberta
Counsel
9833 - 109th St
3rd Floor
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: arnold.schlayer@gov.ab.ca
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 for Ontario
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4588
FAX: (416) 326-4656
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
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.
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Lower court rulings
Supreme Court of British Columbia
27932
Convictions of first degree murder (2 counts)
Court of Appeal for British Columbia (Vancouver)
CA020255
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
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