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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.


27120

Her Majesty the Queen v. David Patrick Fleming

(Newfoundland & Labrador) (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)
2000-01-13 Appeal closed
2000-01-10 Formal judgment sent to the registrar of the court of appeal and all parties
2000-01-10 Copy of formal judgment being prepared
1999-12-01 Record returned to the Registrar of the Court of Appeal
1999-10-22 Notice of deposit of judgment sent to all parties
1999-10-20 Notice of deposit of judgment sent to all parties
1999-10-15 Judgment on the appeal rendered, Judgment renderd orally by the court., L'HD McL Ia Ma Arb, See long.
Dismissed, no order as to costs
1999-10-15 Hearing of the appeal, 1999-10-15, L'HD McL Ia Ma Arb
Judgment rendered
1999-09-23 Order on motion to extend time
1999-09-23 Appeal court record, (3 boxes)
1999-09-23 Decision on motion to extend time, Ba, to serve & file the respondent's factum to Sept. 21/99.
Granted, no order as to costs
1999-09-23 Submission of motion to extend time, Ba
1999-09-21 Motion to extend time, Completed on: 1999-09-21 David Patrick Fleming
1999-09-21 Respondent's book of authorities, Completed on: 1999-09-21 David Patrick Fleming
1999-09-21 Respondent's factum, Completed on: 1999-09-21 David Patrick Fleming
1999-08-26 Notice of appearance, from Wayne Gorman (1 hour) Her Majesty the Queen
1999-08-19 Appellant's factum, REVISED (see decision of Aug. 12/99), Incomplete Her Majesty the Queen
1999-08-12 Order on motion to strike out, (by the Court)
1999-08-12 Decision on motion to strike out, Bi, parts of the appellant's factum (for reasons see long judgment or file). The motion is therefore allowed in part. Paragraphs 55 through 72 are struck out. The appellant is to file the redacted factum by Sept. 1/99, and the respondent's factum is to be filed by Sept. 15/99.
Granted, no order as to costs
1999-08-12 Submission of motion to strike out, Bi
1999-08-12 Appeal hearing scheduled, 1999-10-15
Judgment rendered
1999-07-30 Response to motion to strike out, 2 copies, Incomplete Her Majesty the Queen
1999-07-27 Motion to strike out, paragraphs 54-72 and 73-78 of the appellant's factum and extending the time to file the respondent's factum to a date 30-45 days after the decision in this motion, Completed on: 1999-07-27 David Patrick Fleming
1999-07-23 Appeal perfected for hearing, Session beginning on 1999-10-04
1999-07-22 Decision on motion to withdraw as solicitor, Bi, The motion on behalf of John Kelly, for an order that he no longer represent the respondent is granted.
Granted, no order as to costs
1999-07-22 Submission of motion to withdraw as solicitor, Bi
1999-07-21 Correspondence received from, J. Kennedy dated July 21, 1999 (fax copy) re: will be representing Mr. Fleming along with James Lockyer David Patrick Fleming
1999-07-15 Motion to withdraw as solicitor, (no affidavit & $50), Completed on: 1999-07-22 David Patrick Fleming
1999-06-25 Correspondence received from, David Patrick Fleming (handwritten) dated June 18/99 re: ask the Court to appoint James Lockyer as counsel David Patrick Fleming
1999-05-28 Appellant's book of authorities, Completed on: 1999-06-08 Her Majesty the Queen
1999-05-28 Appellant's record, (Vol. I to Vol. VIII), Completed on: 1999-05-28 Her Majesty the Queen
1999-05-28 Appellant's factum, (REVISED FACTUM RECEIVED AUG. 19/99), Completed on: 1999-05-28 Her Majesty the Queen
1999-03-08 Letter acknowledging receipt of notice of appeal
1999-02-24 General proceeding, 1 copy of reasons for judgment (book form) and order of C.A Her Majesty the Queen
1999-02-24 Notice of appeal, Completed on: 1999-02-24 Her Majesty the Queen

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
Her Majesty the Queen Appellant Active

v.

Main parties - Respondents
Name Role Status
Fleming, David Patrick Respondent Active

Counsel

Party: Her Majesty the Queen

Counsel
Name
Wayne Gorman
Contact information
Attorney General of Newfoundland
4th Floor, East Block
Confederation Bldg, P.O. Box 8700
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-2868
FAX: (709) 729-2129
Agent
Name
V. Jennifer Mackinnon
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Fleming, David Patrick

Counsel
Names
Jerome P. Kennedy
James Lockyer
Contact information
Simmonds & Kennedy
Suite 1001, 10th Floor
TD Place, 140 Water Street
St. John's, Newfoundland & Labrador
A1C 6H6
Telephone: (709) 739-4141
FAX: (709) 739-4145
Agent
Name
Jeffrey W. Beedell
Contact information
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.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

February 12, 1999
Supreme Court of Newfoundland and Labrador - Court of Appeal

1992 No. 200

Appeal from conviction is allowed, the convictions are quashed and a new trial is 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