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26943

Kevin Lathangue 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2001-02-16 Appeal closed
2001-02-15 Formal judgment sent to the registrar of the court of appeal and all parties
2001-02-15 Copy of formal judgment being prepared
2001-02-13 Record returned to the Registrar of the Court of Appeal, & trial court
2000-12-15 Notice of deposit of judgment sent to all parties
2000-12-14 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is dismissed. The judgment of the Court of Appeal setting aside the acquittals and
ordering a new trial is upheld.
Dismissed, no order as to costs
2000-10-18 Correspondence received from, D. Mayland McKimm dated Oct. 17/00 (by fax) re: has no opposition to the filing of D. Frankel's updated statistics (Distributed Nov. 3/2000) Kevin Lathangue
2000-09-11 Correspondence received from, D. Frankel dated Sept. 5, 2000 re: enclosing excerpts from the 1998 Solicitor General's report and the 1999 U.S. Report (joint with 26898, 26899, 26904, 26968) (wait for the appellants' position) (Distributed Nov. 3/2000) Her Majesty the Queen
2000-04-27 Transcript received, (235 pages) (joint with 26898, 26899, 26904, 26968)
2000-04-12 Acknowledgement and consent for video taping of proceedings, (joint with 26898, 26899, 26904, 26968)
2000-04-11 Hearing of the appeal, 2000-04-11, (V038/039/040), CJ L'HD G Ia Ma Ba Bi Arb LeB
Decision reserved
2000-04-10 Appeal court record, (1 padded envelope) (joint with 26898 - 26899 - 26904 - 26968)
2000-04-10 Trial court record, (1 small box) (joint with 26898 -26899 - 26904 - 26968)
2000-04-10 Appellant's condensed book, (joint with 26898, 26899, 26904, 26968) Kevin Lathangue
2000-04-05 General proceeding, The motion by the appellant Grandmaison (26898) for an order ajourning the hearing of these appeals is denied; (see CJ.'s order of same date on file 26898) Kevin Lathangue
2000-03-31 General proceeding, CONSENT by appellant to the motion for re-scheduling the hearing in #26898 (Grandmaison) Kevin Lathangue
2000-03-21 Appeal hearing scheduled, 2000-04-11
Decision reserved
2000-03-15 Notice of appearance, (fax copy) Kevin Lathangue
2000-03-13 Notice of hearing, (joint with 26898, 26899, 26904, 26968) Kevin Lathangue
2000-02-11 Respondent's book of authorities, (joint with 26898 - 26899 - 26904 - 26968), Completed on: 2000-02-11 Her Majesty the Queen
2000-02-11 Respondent's record, (joint with 26898 - 26899 - 26904 - 26968), Completed on: 2000-02-11 Her Majesty the Queen
2000-02-11 Respondent's factum, (joint with 26898 - 26899 - 26904 - 26968) (See Order dated Dec. 29/99), Completed on: 2000-02-11 Her Majesty the Queen
2000-01-18 Order on motion to extend time
2000-01-18 Decision on motion to extend time, Reg, to serve & file the appellants' book of authorities to Dec. 2/99, nunc pro tunc.
Granted, no order as to costs
2000-01-18 Submission of motion to extend time, Reg
2000-01-14 Motion to extend time, to file the authorities to Dec. 2, 1999 (joint with 26898, 26899, 26904, 26968), Completed on: 2000-01-14 Kevin Lathangue
1999-12-29 Order on motion to extend time
1999-12-29 Decision on motion to extend time, DeRg, to serve & file the respondent's factum, record & book of authorities to Feb. 11, 2000.
Granted, no order as to costs
1999-12-29 Submission of motion to extend time, DeRg
1999-12-17 Motion to extend time, to file the respondent's factum, record and authorities to Feb. 11, 2000 (joint with 26898, 26899, 26904, 26968), Completed on: 1999-12-17 Her Majesty the Queen
1999-12-13 Appeal perfected for hearing, Session beginning on 2000-04-10
1999-12-02 Appellant's book of authorities, (joint with 26898 - 26899 - 26904 - 26968) (extension of time requested), Completed on: 1999-12-02 Kevin Lathangue
1999-10-18 Appellant's factum, (see order dated Sept. 27/99)(returned for corrections on Oct. 22, 1999)(back from corrections on Oct. 26, 1999) - 23 copies, Completed on: 1999-10-18 Kevin Lathangue
1999-10-04 Notice of change of counsel, D. Mayland McKimm in place of S. Suntok Kevin Lathangue
1999-09-29 Appellant's record, Vol. I to III (joint with 26898 - 26899 - 26904 - 26968) (see order dated Sept. 27/99), Completed on: 1999-09-29 Kevin Lathangue
1999-09-27 Order on motion to extend time, (joint order)
1999-09-27 Decision on motion to extend time, Reg, to serve & file the appellant's factum & record to Oct. 19/99 (joint with 26898 - 26899 - 26904 - 26968)
Granted, no order as to costs
1999-09-27 Submission of motion to extend time, Reg
1999-09-27 Response to motion to extend time, Completed on: 1999-09-17 Her Majesty the Queen
1999-09-17 Motion to extend time, to file the appellant's record and factum to Oct. 19, 1999, Completed on: 1999-09-17 Kevin Lathangue
1999-05-25 Letter acknowledging receipt of notice of appeal
1999-05-20 Notice of appeal, (served on May 21, 1999), Completed on: 1999-05-20 Kevin Lathangue
1999-04-23 Notice of deposit of judgment issued to all parties
1999-04-22 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted.
Granted, no order as to costs
1999-02-08 Hearing of the application for leave to appeal, 1999-02-08, video #V011, CJ McL Ia
Decision reserved
1999-01-26 Correspondence (sent by the Court) to, Peter Hogg re: videoconference dated Feb. 8/99 at 10:00 a.m. EST
1999-01-21 Correspondence received from, from R. Frater: re: video-conference on Feb. 8, 1999 (joint with 26899, 26904, 26968, 26898) Her Majesty the Queen
1999-01-19 Letter advising parties that an oral hearing has been ordered, for Feb. 8/99 at 9:30 a.m.
1999-01-14 Notice of deposit of judgment issued to all parties
1999-01-11 Decision on motion to extend time to file and /or serve the leave application, CJ McL Ia
Granted, no order as to costs
1999-01-11 Judgment of the Court on the application for leave to appeal, The application for extension of time is granted and an oral hearing is ordered.

Oral hearing ordered, no order as to costs
1998-12-07 Submission of motion to extend time to file and/ or serve the leave application, CJ McL Ia
1998-12-07 All materials on application for leave submitted to the Judges, 1999-02-08, CJ McL Ia
Decision reserved
1998-11-24 Order on motion to extend time, to file the response
1998-11-24 Order on miscellaneous motion, to file only one response
1998-11-23 Decision on the miscellaneous motion, for permission to file one single response to all 4 leave applications, DeRg
Granted, no order as to costs
1998-11-23 Submission of miscellaneous motion, DeRg
1998-11-10 Letter acknowledging receipt of an incomplete application for leave to appeal, sent to Gowling, Strathy & Henderson and A.G. of Canada
1998-11-10 Notice of miscellaneous motion, to file one Memorandum of Argument for all four Leave Applications (included in Extension of Time) (joint with 26898-26899-26904), Completed on: 1998-11-10 Her Majesty the Queen
1998-11-10 Respondent's response on the application for leave to appeal, (joint with 26898-26899-26904), Completed on: 1998-11-10 Her Majesty the Queen
1998-11-06 $50.00 filing fee, receipt no. 31437 Kevin Lathangue
1998-11-06 Application for leave to appeal, (ORAL HEARING REQUESTED) (service missing) (to be referred with 26898-26899-26904-26968), Completed on: 1998-12-07 Kevin Lathangue
1998-11-06 Response to the motion to extend the time to file and / or serve the leave application, of Peter Hogg, Completed on: 1998-11-06 Her Majesty the Queen
1998-11-06 Affidavit, of Stephen Suntok Kevin Lathangue
1998-11-06 Motion to extend the time to file and or serve the application for leave to appeal, (included in leave book), Completed on: 1998-11-06 Kevin Lathangue

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
Lathangue, Kevin Appellant Active

v.

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

Counsel

Party: Lathangue, Kevin

Counsel
Name
D. Mayland McKimm, Q.C.
Contact information
McKimm & Wishart
1529 Amelia Street
Victoria, British Columbia
V8W 2K1
Telephone: (250) 388-4121
FAX: (250) 388-4120
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: Her Majesty the Queen

Counsel
Name
S. David Frankel, Q.C.
Contact information
Attorney General of Canada
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
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

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

October 31, 1996
Provincial Court of British Columbia


Acquittal: conspiracy to traffic in a controlled drug

June 30, 1998
Court of Appeal for British Columbia (Vancouver)

V02945

appeal allowed, acquittal set aside and new trial ordered

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