Case information
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28315
Chee K. Ling v. Her Majesty the Queen
(British Columbia) (Civil) (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) |
|---|---|---|
| 2002-11-26 | Appeal closed | |
| 2002-11-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2002-11-21 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal from the judgment of the Court of Appeal of British Columbia (Vancouver), Number CA 025712, dated October 19, 2000, heard on June 13, 2002 is dismissed and the order for a new trial is confirmed. Dismissed |
|
| 2002-08-21 | Correspondence received from, T.M. Boddez dated Aug. 20/02 re: in response to D. Frankel, Q.C.'s letter dated Aug. 15/02 (10 copies) sent to Bench Aug. 26/02 | Chee K. Ling |
| 2002-08-20 | Correspondence received from, S. David Frankel, Q.C. dated Aug. 15/02 re: enclosing a recent decision of the Court of Appeal for Ontario (joint with 28378 - 10 copies) sent to Bench Aug. 26/02 | Her Majesty the Queen |
| 2002-08-15 | Correspondence received from, C.C. Sturrock dated Aug. 14/02 re: in response to D. Frankel, Q.C.'s letter dated July 29/02 (10 copies) sent to Bench Aug. 26/02 | Chee K. Ling |
| 2002-08-02 | Correspondence received from, S. David Frankel, Q.C. dated July 29/02 re: enclosing a recent decision of the Court of Appeal for Saskatchewan (joint with 28378 - 10 copies) sent to Bench Aug. 26/02 | Her Majesty the Queen |
| 2002-06-28 | Transcript received, (155 pages)(joint with 28378) | |
| 2002-06-13 | Judgment reserved OR rendered with reasons to follow | |
| 2002-06-13 |
Hearing of the appeal, 2002-06-13, (V045, V046), CJ L'HD G Ia Ma Ba Bi Arb LeB Decision reserved |
|
| 2002-06-05 | Notice of appearance, de Gilles Laporte et Monique Rousseau à l'audition de l'appel | Attorney General of Québec |
| 2002-06-05 | Notice of appearance, of S. David frankel, Q.C. et al at the hearing of the appeal | Her Majesty the Queen |
| 2002-06-04 | Response to motion to extend time, (fax copy), Completed on: 2002-06-04 | Her Majesty the Queen |
| 2002-05-31 |
Decision on motion to extend time, to serve and file the Attorney General of Ontario's book of authorities to May 22/02, Reg Granted |
|
| 2002-05-31 | Submission of motion to extend time, Reg | |
| 2002-05-29 | Correspondence received from, D. Frankel dated May 29, 2002 (fax copy) re: recent development with respect to one of the authorities cited in the respondent's factum (joint with 28378)(sent to the judges on June 6, 2002) | Her Majesty the Queen |
| 2002-05-28 | Order on motion for leave to intervene, (EACH INTERVENER IS GRANTED 15 MINUTES IN TOTAL IN (LING & JARVIS) ARBOUR J.) | |
| 2002-05-24 | Order on motion to extend time | |
| 2002-05-24 |
Decision on motion to extend time, DeRg, to serve and file the factum of the intervener Criminal Lawyers' Assocation (Ontario) to May 22, 2002. Granted |
|
| 2002-05-24 | Submission of motion to extend time, DeRg | |
| 2002-05-22 | Book of authorities, (voir ordonnance)(joint avec 28378), Completed on: 2002-05-22 | Attorney General of Québec |
| 2002-05-22 | Intervener's factum, (voir ordonnance)(joint avec 28378), Completed on: 2002-05-22 | Attorney General of Québec |
| 2002-05-22 | Motion to extend time, to file and serve the authorities to May 22, 2002 (joint with 28378), Completed on: 2002-05-22 | Attorney General for Ontario |
| 2002-05-22 | Book of authorities, (joint with 28378), Completed on: 2002-05-22 | Attorney General for Ontario |
| 2002-05-22 | Intervener's factum, (joint with 28378) (p. 4 missing - added May 23/02 with service by fax) (motion to extend time filed May 10/02), Completed on: 2002-05-22 | Criminal Lawyers' Association (Ontario) |
| 2002-05-16 | Order on motion to extend time | |
| 2002-05-16 |
Decision on motion to extend time, Reg, La requête pour obtenir une ordonnance prorogeant le délai pour signifier et produire le mémoire de l'intervenant Procureur général du Québec au 22 mai 2002. Granted |
|
| 2002-05-16 | Submission of motion to extend time, Reg | |
| 2002-05-15 | Response to motion to extend time, (fax copy), Completed on: 2002-05-15 | Her Majesty the Queen |
| 2002-05-15 | Intervener's factum, Completed on: 2002-05-15 | Attorney General for Ontario |
| 2002-05-10 | Motion to extend time, to serve and file the factum to May 22/02 (1 copy), Completed on: 2002-05-10 | Criminal Lawyers' Association (Ontario) |
| 2002-05-08 | Motion to extend time, pour signifier et produire le mémoire au 22 mai 2002 - 1 copie, Completed on: 2002-05-21 | Attorney General of Québec |
| 2002-05-08 |
Decision on motion to extend time, to serve the respondent's book of authorities to April 22/02, Reg Granted |
|
| 2002-05-08 | Submission of motion to extend time, Reg | |
| 2002-05-06 | Response to motion to extend time, from Gowlings (fax copy), Completed on: 2002-05-06 | Chee K. Ling |
| 2002-05-01 | Motion to extend time, to serve the authorities to April 22, 2002 - 1 copy, Completed on: 2002-05-01 | Her Majesty the Queen |
| 2002-05-01 | Correspondence received from, S. A. St-Aubin dated May 1, 2002 re: enclosing 12 copies of pages 61 to 64 to be added in Vol. 3, tab 43 of the book of authorities (sent to the judges on May 3, 2002) - joint with 28378 | Her Majesty the Queen |
| 2002-04-25 | Order on motion for leave to intervene, (PAR ARBOUR J.) | |
| 2002-04-25 |
Decision on the motion for leave to intervene, Arb, La demande de prorogation de délai et d'autorisation d'intervenir présentée par le PROCUREUR GÉNÉRAL DU QUÉBEC est accueillie; le requérant aura le droit de signifier et déposer un mémoire n'excédant pas 20 pages au plus tard le 15 mai 2002. La demande visant à présenter une plaidoirie sera examinée après la réception et l'examen de l'argumentation écrite des parties et des intervenants (15 MINUTES DE PLAIDOIRIE ACCORDÉE LE 28 MAI 2002). L' intervenant n'aura pas le droit de produire d'autres éléments de preuve ni d'ajouter quoi que ce soit au dossier des parties. Conformément au par. 18(6) des Règles de la Cour suprême du Canada, l'intervenant paiera à appelant et à l'intimé tous débours supplémentaires résultant de son intervention. Granted |
|
| 2002-04-25 | Submission of motion for leave to intervene, Arb | |
| 2002-04-23 | Reply to the motion for leave to intervene, (Letter Form), Monique Rousseau en date du 23 avril 2002, Completed on: 2002-04-23 | Attorney General of Québec |
| 2002-04-22 | Response to the motion for leave to intervene, Completed on: 2002-04-22 | Her Majesty the Queen |
| 2002-04-19 | Response to the motion for leave to intervene, (Letter Form), from T. Boddez dated Aprl 12, 2002 (fax copy), Completed on: 2002-04-19 | Chee K. Ling |
| 2002-04-18 | Respondent's book of authorities, 13 copies of Vol. I to IV (see decision of March 20/02 - extension of time requested for service only / joint with 28378), Completed on: 2002-04-18 | Her Majesty the Queen |
| 2002-04-17 | Respondent's factum, (see order), Completed on: 2002-04-18 | Her Majesty the Queen |
| 2002-04-12 | Motion for leave to intervene, (jointe avec prorogation de délai) - 1 copie, Completed on: 2002-04-12 | Attorney General of Québec |
| 2002-03-20 |
Decision on motion to extend time, Reg, to serve and file the respondent's factum to April 18, 2002. Granted |
|
| 2002-03-20 | Submission of motion to extend time, Reg | |
| 2002-03-15 | Correspondence received from, the appellants dated March 14/02 (by fax) re: in response to D. Frankel's letter of March 13/02 regarding the matter in which appeals should be heard (joint with 28378) | Chee K. Ling |
| 2002-03-14 | Order on motion for leave to intervene, (by the judge) | |
| 2002-03-14 |
Decision on the motion for leave to intervene, Arb, and extension of time by the CRIMINAL LAWYERS' ASSOCIATION (ONTARIO). The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES GRANTED MAY 28, 2002). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention. Granted |
|
| 2002-03-14 | Submission of motion for leave to intervene, Arb | |
| 2002-03-14 | Reply to the motion for leave to intervene, (Letter Form), from S.K. Fenton dated March 14/02 (by fax) (joint with 28378), Completed on: 2002-03-14 | Criminal Lawyers' Association (Ontario) |
| 2002-03-13 | Correspondence received from, Gowlings dated March 13, 2002 (fax copy) re: Ling and Jarvis appeals should proceed separately | Chee K. Ling |
| 2002-03-13 | Correspondence received from, D. Frankel dated March 13, 2002 (fax copy) re: respondent takes no position as to which of the 2 cases should proceed first (joint with 28378) | Her Majesty the Queen |
| 2002-03-13 | Correspondence received, from A. Macleod, counsel for the Appellant in 28378 dated March 13, 2002 (fax copy) re: Ling and Jarvis cases should not be heard together (joint with 28378) | |
| 2002-03-13 | Response to the motion for leave to intervene, (Letter Form), from R. Frater dated March 13/02 (by fax) (joint with 28378), Completed on: 2002-03-13 | Her Majesty the Queen |
| 2002-03-12 | Notice of hearing | Chee K. Ling |
| 2002-03-12 | Response to the motion for leave to intervene, re: intervention by Criminal Lawyers' Ass. (included in the motion book), Completed on: 2002-03-12 | Chee K. Ling |
| 2002-03-12 | Motion for leave to intervene, 3 copies - book form (joint with motion to extend the time), Completed on: 2002-03-12 | Criminal Lawyers' Association (Ontario) |
| 2002-03-12 | Response to motion to extend time, (Letter Form), letter from Gowlings dated March 12/02, Completed on: 2002-03-12 | Chee K. Ling |
| 2002-03-11 | Correspondence received from, Tinka Shanahan (by fax) dated March 11/02 re Trevor Shaw now has carriage of this matter (joint with 28378) | Attorney General for Ontario |
| 2002-03-08 |
Appeal hearing scheduled, 2002-06-13 Decision reserved |
|
| 2002-03-06 | Motion to extend time, to file the Respondent's factum to April 18/02 (joint with 28378), Completed on: 2002-03-06 | Her Majesty the Queen |
| 2002-02-12 | Appeal perfected for hearing, Session beginning on 2002-04-15 | |
| 2002-01-09 | Order on motion to extend time | |
| 2002-01-09 |
Decision on motion to extend time, Reg, to serve and file the appellant's factum, record and book of authorities to Dec. 18, 2001. Granted, no order as to costs |
|
| 2002-01-09 | Submission of motion to extend time, Reg | |
| 2002-01-04 | Response to motion to extend time, (fax copy)(original received Jan. 2, 2002), Completed on: 2002-01-04 | Her Majesty the Queen |
| 2002-01-04 | Motion to extend time, to file the factum, record and authorities to Dec. 18, 2001 - 1 copy, Completed on: 2002-01-04 | Chee K. Ling |
| 2001-12-18 | Appellant's book of authorities, Completed on: 2001-12-18 | Chee K. Ling |
| 2001-12-18 | Appellant's factum, Completed on: 2001-12-18 | Chee K. Ling |
| 2001-12-13 | Appellant's record, (vol. 1 to 4) (service received Dec. 18, 2001 - book form) (served on A.G. Ontario Jan. 4/02 rec'd Jan. 8/02), Incomplete | Chee K. Ling |
| 2001-10-25 | Order on motion for leave to intervene, (by the Court) | |
| 2001-10-25 |
Decision on the motion for leave to intervene, Arb, by the ATTORNEY GENERAL OF ONTARIO. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES GRANTED MAY 28, 2002). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention. Granted, no order as to costs |
|
| 2001-10-25 | Submission of motion for leave to intervene, Arb | |
| 2001-09-11 | Response to the motion for leave to intervene, (joint with motion), Completed on: 2001-09-11 | Her Majesty the Queen |
| 2001-09-11 | Motion for leave to intervene, (1 copy), Completed on: 2001-09-11 | Attorney General for Ontario |
| 2001-08-21 | Order granting leave to appeal | |
| 2001-08-10 | Letter acknowledging receipt of notice of appeal | |
| 2001-08-07 | Notice of appeal, Completed on: 2001-08-07 | Chee K. Ling |
| 2001-06-15 | Notice of deposit of judgment issued to all parties | |
| 2001-06-14 |
Judgment of the Court on the application for leave to appeal Granted, no order as to costs |
|
| 2001-05-22 | Correspondence received from, T.M. Boddez, dated May 17/01 (by fax) re: referring to certain cases (sent to panel May 30/01) | Chee K. Ling |
| 2001-05-07 | All materials on application for leave submitted to the Judges, G Ma Bi | |
| 2001-02-12 | Order on motion to extend time | |
| 2001-02-12 |
Decision on motion to extend time, Reg, to serve & file the respondent's response to Feb. 7, 2001. Granted, no order as to costs |
|
| 2001-02-12 | Submission of motion to extend time, Reg | |
| 2001-02-07 | Response to motion to extend time, Completed on: 2001-02-07 | Chee K. Ling |
| 2001-02-07 | Motion to extend time, to file the response to Feb. 7, 2001 - 1 copy, Completed on: 2001-02-07 | Her Majesty the Queen |
| 2001-02-07 | Respondent's response on the application for leave to appeal, (service missing), Incomplete | Her Majesty the Queen |
| 2001-01-10 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2000-12-15 | Application for leave to appeal, Completed on: 2000-12-15 | Chee K. Ling |
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 |
|---|---|---|
| Ling, Chee K. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General for Ontario | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| Attorney General of Québec | Intervener | Active |
Counsel
Party: Ling, Chee K.
Counsel
Thomas M. Boddez
David J. Martin
P.O. Box 49123
27th Floor, 595 Burrard Street
Vancouver, British Columbia
V7X 1J2
Telephone: (604) 689-1261
FAX: (604) 688-4711
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
Bruce Harper
Janet Henchey
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
Agent
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Attorney General for Ontario
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4204
FAX: (416) 326-4656
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Criminal Lawyers' Association (Ontario)
Counsel
66 Wellington Street West
Toronto, Ontario
M5K 1J3
Telephone: (416) 955-4551
FAX: (416) 955-1237
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Attorney General of Québec
Counsel
Monique Rousseau
1200 Rte de l'Église
2e Étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: glaporte@justice.gouv.qc.ca
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
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
Provincial Court of British Columbia
Information found during income tax audit to be admissible
Provincial Court of British Columbia
Appellant convicted of 5 offences under section 239(1)a) of the Income Tax Act; conditional stay of proceedings entered on a sixth count
Supreme Court of British Columbia
19810
Appeal from conviction allowed and matter remitted for a new trial on all counts
Court of Appeal for British Columbia (Vancouver)
CA 025712
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