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26514

Robert Dennis Starr v. Her Majesty the Queen

(Manitoba) (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)
2003-02-27 Appeal closed
2003-02-26 Judgment and notice of deposit of judgment sent to all parties (re-hearing)
2001-01-23 Order by, CJ L'HD G Ia Ma Ba Bi Arb LeB,
1. Costs on the motion for a rehearing are awarded on a party and party basis to the appellant; and

2. No costs are awarded to the intervener, the Criminal Lawyers' Association (Ontario).

Allowed in part, no order as to costs
2001-01-02 Correspondence received from, (by fax) Burke-Robertson; re: does not intend to respond to Mr. Dalmyn's letter of Nov. 28 (sent to panel Jan. 15/01) Attorney General for Ontario
2000-12-21 Correspondence received from, (by fax) A.H. Dalmyn, dated Dec. 20; re: costs (sent to panel Jan. 15/01) Robert Dennis Starr
2000-11-28 Correspondence received from, (by fax) A.H. Dalmyn; re: appellant's costs on motion to rehear on a solicitor and client scale (original filed Dec. 8) (sent to panel Jan. 15/01) Robert Dennis Starr
2000-11-27 Correspondence received from, (by fax) Michael Code, dated Nov. 24; re: costs (sent to panel Jan. 15/01) Criminal Lawyers' Association (Ontario)
2000-11-14 Motion for leave to intervene, on the rehearing (book form - 10 copies), Completed on: 2000-11-14 Criminal Lawyers' Association (Ontario)
2000-11-14 Discontinuance of motion for a re-hearing of the appeal, (sent to Bench Nov. 15/00) Attorney General for Ontario
2000-11-08 Response to the motion for leave to intervene, (Letter Form), from Gowlings dated Nov. 7/00 (sent to Bench Nov. 8/00), Completed on: 2000-11-08 Her Majesty the Queen
2000-11-07 Correspondence received, from K.E. Wright dated Nov. 7/00 (by fax) re: rehearing of the appeal (original received Nov. 15/00)
2000-11-07 Response to the motion for a re-hearing of the appeal, (12 copies - book form) (sent to Bench Nov. 8/00), Completed on: 2000-11-07 Robert Dennis Starr
2000-11-07 Response to the motion for a re-hearing of the appeal, in form of Affidavit of Robin Alexander Finlayson (10 copies) (sent to Bench Nov. 8/00), Completed on: 2000-11-07 Her Majesty the Queen
2000-11-07 Correspondence received, from F. Addario dated Nov. 7/00 (by fax) re: may file a motion to intervene on the rehearing on behalf of Criminal Lawyers' Association by Nov. 13/00 (sent to Bench Nov. 8/00)
2000-11-03 Motion for leave to intervene, by A.G. of British Columbia on the Motion for a Rehearing (2 copies / more copies requested Nov. 6/00 - filed same day) (sent to Bench Nov. 6/00), Completed on: 2000-11-03 Attorney General of British Columbia
2000-10-30 Motion for a re-hearing of the appeal, (10 copies - book form) (original of affidavit filed Oct. 31/00) (new covers requested - filed Oct. 31/00) (sent to bench Nov. 1/00), Completed on: 2000-10-30 Attorney General for Ontario
2000-10-23 Correspondence received, from Alan D. Gold (by fax)for the Criminal Lawyers' Association dated Oct. 23/00 re: A.G. Ont. intends to bring a motion and CLA would like to be heard.
2000-10-23 Formal judgment sent to the registrar of the court of appeal and all parties
2000-10-03 Notice of deposit of judgment on re-hearing of the appeal
2000-10-03 Copy of formal judgment being prepared
2000-10-02 Notice of deposit of judgment sent to all parties
2000-09-29 Judgment on re-hearing rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is allowed, the judgment of the Court of Appeal is set aside, and a new trial is directed, McLachlin C.J. and L'Heureux-Dubé, Gonthier and Bastarache JJ. dissenting.
Allowed, no order as to costs
2000-03-01 Transcript received, (88 pages)
2000-02-24 Re-hearing of the appeal, 2000-02-24, (V023), CJ L'HD G Ia Ma Ba Bi Arb LeB
Decision reserved
2000-02-24 Correspondence received from, Jamie Klukach (by fax) dated Feb. 23/00 requesting the motion to file the A.G. for Ontario factum be reconsidered. (reconsideration dismissed by the Court at the hearing of the appeal) Attorney General for Ontario
2000-02-23 Decision on motion to extend time, Reg, to serve & file the factum of the intervener Attorney General of Ontario to Feb. 22, 2000.
Dismissed, no order as to costs
2000-02-23 Submission of motion to extend time, by A.G. - Ontario, Reg
2000-02-23 Motion to extend time, to file the intervener factum to Feb. 22/00, Completed on: 2000-02-23 Attorney General for Ontario
2000-02-22 Intervener's factum, (extension of time requested), Completed on: 2000-02-22 Attorney General for Ontario
2000-02-18 Book of authorities, vol. I to III, Completed on: 2000-02-18 Attorney General of Canada
2000-02-18 Intervener's factum, (see letter sent by the Court on Nov. 18/99), Completed on: 2000-02-18 Attorney General of Canada
2000-02-17 Notice of appearance, of Bernard Laprade and Silvie Kovacevich Attorney General of Canada
2000-02-16 Book of authorities, Completed on: 2000-02-16 Attorney General of British Columbia
2000-02-16 Intervener's factum, (see correspondence sent by the Court Nov. 18/99), Completed on: 2000-02-16 Attorney General of British Columbia
2000-01-19 Supplemental document, Supplementary Book of Authorities Her Majesty the Queen
2000-01-19 Supplemental factum, Completed on: 2000-01-19 Her Majesty the Queen
2000-01-10 Re-hearing scheduled, 2000-02-24
Decision reserved
2000-01-10 Supplemental factum, Completed on: 2000-01-10 Robert Dennis Starr
1999-12-16 Order on motion for leave to intervene, (by the Court)
1999-12-16 Decision on the motion for leave to intervene, Arb, The motion for leave to intervene of the applicant ATTORNEY GENERAL OF BRITISH COLUMBIA is granted, the factum is limited to 20 pages & oral argument to 15 minutes. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums and oral submissions. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions.
Granted, no order as to costs
1999-12-16 Decision on the motion for leave to intervene, Arb, The motion for leave to intervene of the applicant ATTORNEY GENERAL OF ONTARIO is granted, the factum is limited to 20 pages & oral argument to 15 minutes. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums and oral submissions. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions.
Granted, no order as to costs
1999-12-16 Decision on the motion for leave to intervene, Arb, The motion for leave to intervene of the applicant ATTORNEY GENERAL OF CANADA is granted, the factum is limited to 20 pages & oral argument to 15 minutes. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums and oral submissions. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions.
Granted, no order as to costs
1999-12-16 Submission of motion for leave to intervene, by A.G. - Can., Ont. & B.C., Arb
1999-12-16 Response to the motion for leave to intervene, (Letter Form), letter (by fax) dated Dec. 16/99 from Karen L. Collins (Burke-Robertson), Completed on: 1999-12-16 Her Majesty the Queen
1999-12-09 Motion for leave to intervene, to file a factum, authorities and 20 min. oral argument, Completed on: 1999-12-09 Attorney General of Canada
1999-12-09 Response to the motion for leave to intervene, from Gowling, Strathy, Completed on: 1999-12-09 Her Majesty the Queen
1999-12-07 Motion for leave to intervene, 1 copy, Completed on: 1999-12-07 Attorney General of British Columbia
1999-12-06 Motion for leave to intervene, to file a factum and present a 15 min. oral argument (2 copies), Completed on: 1999-12-06 Attorney General for Ontario
1999-11-18 Correspondence (sent by the Court) to, the Attorneys General and defence bar inviting them to intervene by Dec. 10/99. App's supp. factum & auth. by Dec. 30/99. Resp's supp. factum & auth. by Jan. 28/2000. Ints' factums & auth. by Feb. 18/2000. Re-hearing week of Mar.13 or 20/2000.
1999-11-09 Appeal perfected for hearing, Session beginning on 2000-01-17
1999-11-09 Judgment on the appeal rendered, Cory J. took no part in the judgment., CJ L'HD G Co McL Ia Ma Ba Bi, A re-hearing is ordered.
Rehearing ordered, no order as to costs
1998-12-29 Transcript received, (63 pages)
1998-12-03 Hearing of the appeal, 1998-12-03, (V124), CJ L'HD G Co McL Ia Ma Ba Bi
Judgment reserved
1998-12-02 Appellant's condensed book Robert Dennis Starr
1998-11-27 Notice of appearance, of Gregg Lawlor at the hearing og the appeal Her Majesty the Queen
1998-11-24 Respondent's condensed book Her Majesty the Queen
1998-10-16 Decision on motion to extend time, to serve and file their record to Sept. 10/98 and book of authorities to Oct. 2/98, Reg
Granted, no order as to costs
1998-10-16 Submission of motion to extend time, 1998-10-16, to serve and file their record to Sept. 10/98 and book of authorities to Oct. 2/98, Reg
1998-10-07 Notice of appearance, of G. Greg Brodsky, Q.C. at the hearing of the appeal Robert Dennis Starr
1998-10-06 Affidavit, to file the respondent's record to Sept. 10, 1998 (G. Lawlor), with service Her Majesty the Queen
1998-10-06 Motion to extend time, to file the respondent's record to Sept. 10, 1998 and authorities to Oct. 2, 1998, with service, Completed on: 1998-10-06 Her Majesty the Queen
1998-10-06 $50.00 filing fee for notice of motion, receipt no. 31304 Her Majesty the Queen
1998-10-02 Book of authorities, (extension of time requested), Completed on: 1998-10-02 Her Majesty the Queen
1998-09-28 Appeal hearing scheduled, 1998-12-03
Judgment reserved
1998-09-24 Trial court record, 2 boxes
1998-09-17 Proof of service, of the Respondent's Record (service admitted on Sept. 9/98 - Original received Sept. 22/98)
1998-09-10 Respondent's record, vol. I to III (extension of time requested), Completed on: 1998-09-10 Her Majesty the Queen
1998-09-03 Proof of service, of the respondent's factum
1998-07-24 Appeal perfected for hearing, Session beginning on 1998-10-05
1998-07-23 Respondent's factum, 24 copies, Completed on: 1998-07-23 Her Majesty the Queen
1998-07-09 Book of authorities, 12 copies, Completed on: 1998-07-09 Robert Dennis Starr
1998-07-09 General proceeding, 1 copy of TRANSCRIPT OF PROCEEDINGS in the Court of Appeal Vol. 1 to 16 Robert Dennis Starr
1998-07-09 Appellant's record, 24 copies of Vol. I to III, Completed on: 1998-07-09 Robert Dennis Starr
1998-07-09 Appellant's factum, 24 copies, Completed on: 1998-07-09 Robert Dennis Starr
1998-04-02 Correspondence (sent by the Court) to, sent to Walsh, Micay & Company and A.G. of Manitoba re: Rule 32
1998-03-13 General proceeding, 1 copy of reasons for judgment Robert Dennis Starr
1998-03-13 $50.00 filing a notice of appeal, receipt no. 30249 Robert Dennis Starr
1998-03-13 Notice of appeal, Completed on: 1998-03-13 Robert Dennis Starr

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
Starr, Robert Dennis Applicant Active

v.

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

Other parties

Other parties
Name Role Status
Attorney General for Ontario Intervener Active
Attorney General of British Columbia Intervener Active
Attorney General of Canada Intervener Active
Criminal Lawyers' Association (Ontario) Intervener Pending

Counsel

Party: Starr, Robert Dennis

Counsel
Names
G. Greg Brodsky, Q.C.
Anthony H. Dalmyn
Contact information
Brodsky & Company
1212-363 Broadway
Winnipeg, Manitoba
R3C 3N9
Telephone: (204) 940-4435
FAX: (204) 940-4430
Email: brodsky@escape.ca
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Her Majesty the Queen

Counsel
Name
Gregg Lawlor
Contact information
Attorney General of Manitoba
405 Broadway Avenue
5th Floor
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2870
FAX: (204) 945-1260
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Attorney General for Ontario

Counsel
Name
Jamie C. Klukach
Contact information
Attorney General of Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: jamie.klukach@ontario.ca
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Attorney General of British Columbia

Counsel
Names
Marian K. Brown
Alexander Budlovsky
Contact information
Attorney General of British Columbia
6th Floor - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Attorney General of Canada

Counsel
Names
Bernard Laprade
Silvie Kovacevich
Contact information
Attorney General of Canada
Department of Justice
284, rue Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4761
FAX: (613) 941-7865
Agent
Name
Robert J. Frater
Contact information
Attorney General of Canada
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca

Party: Criminal Lawyers' Association (Ontario)

Counsel
Name
Alan D. Gold
Contact information
Gold & Associate
210 - 20 Adelaide St. E.
Toronto, Ontario
M5C 2T6
Telephone: (416) 368-1726
FAX: (416) 368-6811
Email: adg@inforamp.net
Agent
Name
Leonard M. Shore, Q.C.
Contact information
Shore, Davis
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

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

December 12, 1995
Court of Queen’s Bench of Manitoba

x

Conviction: 2 counts of first degree murder

February 13, 1998
Court of Appeal of Manitoba

AR 96-30-02590

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