Case information
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31129
Marc Hazout v. Her Majesty the Queen
(Ontario) (Criminal) (As of Right)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2007-04-23 | Close file on Leave | |
| 2007-04-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-04-20 | Judgment on leave sent to the parties | |
| 2007-04-19 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2007-04-19 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C38591, dated August 26, 2005, is dismissed. Dismissed |
|
| 2007-03-12 | All materials on application for leave submitted to the Judges, CJ Cha Ro | |
| 2007-03-12 | Submission of motion to extend time to file and/ or serve the leave application, CJ Cha Ro | |
| 2007-02-22 | Order on motion to extend time | |
| 2007-02-22 |
Decision on motion to extend time, to serve and file the respondent's response to Feb. 9/07, Reg Granted |
|
| 2007-02-22 | Submission of motion to extend time, Reg | |
| 2007-02-21 | Response to motion to extend time, (Letter Form), from C. Hennings ftrom Henein & Ass. dated Feb. 21, 2007 (e-mail), Completed on: 2007-02-21 | Marc Hazout |
| 2007-02-09 | Motion to extend time, to serve and file the response to Feb. 9/07, Completed on: 2007-02-09 | Her Majesty the Queen |
| 2007-02-09 | Respondent's response on the application for leave to appeal, Completed on: 2007-02-09 | Her Majesty the Queen |
| 2006-12-05 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2006-12-04 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2006-12-04 | Marc Hazout |
| 2006-12-04 | Application for leave to appeal, Amended Notice requested - Rec'd on December 7, 2006 (Served on December 6, 2006), Completed on: 2006-12-07 | Marc Hazout |
| 2006-12-04 | Reopen file | |
| 2006-10-16 | Appeal closed | |
| 2006-10-06 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-10-06 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-10-05 |
Judgment on the appeal rendered, CJ Bi LeB F Ro, THE COURT - The appeal from the judgment of the Court of Appeal for Ontario, Number C38591, dated August 26, 2005, heard on June 22, 2006, is quashed. Quashed |
|
| 2006-07-21 | Transcript received, (34 pages) | |
| 2006-06-22 | Judgment reserved OR rendered with reasons to follow | |
| 2006-06-22 | Appellant's condensed book, Submitted in Court (14 copies) | Marc Hazout |
| 2006-06-22 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2006-06-22 |
Hearing of the appeal, 2006-06-22, CJ Bi LeB F Ro Judgment reserved |
|
| 2006-06-16 | Notice of appearance, Marie Henein and Jennifer Gleitman will be present at the hearing. | Marc Hazout |
| 2006-06-15 | Notice of appearance, Robert Gattrell will be present at the hearing. | Her Majesty the Queen |
| 2006-06-09 | Order on motion to extend time | |
| 2006-06-09 |
Decision on motion to extend time, to serve and file the respondent's factum and book of authorities to May 29/06 and to present oral argument at the hearing of the appeal, F Granted |
|
| 2006-06-09 | Submission of motion to extend time, F | |
| 2006-05-29 | Motion to extend time, (Letter Form), (to file factum and Authorities to May 29/06 - oral argument), Completed on: 2006-05-29 | Her Majesty the Queen |
| 2006-05-29 | Respondent's book of authorities, (motion rec'd May 29/06), Completed on: 2006-05-29 | Her Majesty the Queen |
| 2006-05-29 | Respondent's factum, (Motion rec'd May 29/06), Completed on: 2006-05-29 | Her Majesty the Queen |
| 2006-05-23 | Appeal perfected for hearing | |
| 2006-03-27 | Correspondence received from, Heather Perkins-McVey re: Exhibit A and B to be added to the Appellant's Records (sent to Court on March 31/06) | Marc Hazout |
| 2006-03-27 | Appellant's book of authorities, Completed on: 2006-03-27 | Marc Hazout |
| 2006-03-27 | Appellant's factum, (CD returned - missing cover page and tables - rec'd Apr. 11/06 and Apr. 24/06), Completed on: 2006-04-11 | Marc Hazout |
| 2006-03-23 | Appellant's record, (10 volumes - Service missing - Rec'd March 27, 2006), Completed on: 2006-03-29 | Marc Hazout |
| 2006-03-13 | Notice of hearing sent to parties | |
| 2006-03-13 |
Appeal hearing scheduled, 2006-06-22, (previously Mar. 20/06) Judgment reserved |
|
| 2005-12-22 | Order on motion to extend time | |
| 2005-12-22 |
Decision on motion to extend time, to serve and file the appellant's record, factum and book of authorities thirthy (30) days following the release of this Court's decision in relation to Laurent Hazout's application for leave to appeal (31216), Reg Granted |
|
| 2005-12-21 | Submission of motion to extend time, Reg | |
| 2005-12-19 | Response to motion to extend time, Completed on: 2005-12-19 | Her Majesty the Queen |
| 2005-12-19 | Motion to extend time, to file the appellant's documents to 30 days following the Court's decision in Laurent Hazout's application for leave (#31216), Completed on: 2005-12-19 | Marc Hazout |
| 2005-12-12 | Correspondence (sent by the Court) to, parties (Limit time Oral arguments). | |
| 2005-12-08 | Notice of hearing sent to parties | |
| 2005-10-05 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2005-09-26 | Notice of appeal, Completed on: 2005-09-26 | Marc Hazout |
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 |
|---|---|---|
| Hazout, Marc | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Hazout, Marc
Counsel
Jennifer Gleitman
Philip Campbell
445 King Street West, Suite 202
Toronto, Ontario
M5V 1K4
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: mhenein@henein.ca
Agent
200 Elgin Street
Ottawa, Ontario
K2P 1L5
Telephone: (613) 231-1004
FAX: (613) 231-4760
Party: Her Majesty the Queen
Counsel
Robert Gattrel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4623
FAX: (416) 326-4656
Email: shawn.porter@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
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.
(Publication ban in case)
Criminal Law - Appeals - Standard of review to be applied by appellate courts when reviewing a trial judge's decision not to grant an adjournment.
The applicant and his brother were unrepresented litigants in a criminal trial. The applicant advised the court that he needed time to raise money for counsel. Trial date was set. By the commencement of trial, the applicant had retained counsel but his choice of counsel was not available on the date set for trial. An agent for the applicant's counsel requested an adjournment but the trial judge denied the request and proceeded in the absence of the applicant's counsel. The applicant and his brother were convicted for extortion and kidnapping.
Lower court rulings
Ontario Superior Court of Justice
Applicant's motion for adjournment dismissed
Ontario Superior Court of Justice
Applicant and co-accused (Laurent Hazout) convicted of kidnapping and extortion, acquitted of assault, charges of confinement stayed; 18 month conditional sentence ordered for applicant
Court of Appeal for Ontario
C38591
Appeals by applicant and co-accused 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