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.
32237
Kenneth Stephen Terrance Solowan 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2009-01-14 | Appeal closed | |
| 2008-11-14 |
Written reasons rendered after oral judgment, Bi LeB De F Abe Cha Ro Dismissed |
|
| 2008-10-22 | Transcript received, (29 pages) | |
| 2008-10-09 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-10-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-10-08 |
Judgment on the appeal rendered, Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA034869, 2007 BCCA 388, dated July 18, 2007, was heard this day and the following judgment was rendered: Binnie J. – The appeal is dismissed with reasons to follow. Dismissed |
|
| 2008-10-08 | Judgment reserved OR rendered with reasons to follow | |
| 2008-10-08 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2008-10-08 |
Hearing of the appeal, 2008-10-08, Bi LeB De F Abe Cha Ro Judgment rendered |
|
| 2008-10-08 | Respondent's condensed book, (submitted in Court - 14 copies) | Her Majesty the Queen |
| 2008-10-01 | Notice of appearance, Wendy Rubin will be present at the hearing. | Her Majesty the Queen |
| 2008-09-24 | Notice of appearance, Roger Thirkell and Peter Benning will be present at the hearing. | Kenneth Stephen Terrance Solowan |
| 2008-08-22 | Notice of hearing sent to parties | |
| 2008-08-22 |
Appeal hearing scheduled, 2008-10-08, (previously Oct. 7/08) Judgment rendered |
|
| 2008-06-23 | Order on motion to extend time | |
| 2008-06-23 |
Decision on motion to extend time, to serve and file the respondent's factum and book of authorities to May 26/08 and to present oral argument at the hearing of the appeal, Cha Granted |
|
| 2008-06-23 | Submission of motion to extend time, Cha | |
| 2008-06-13 | Response to motion to extend time, consent included in extension of time - original consent rec'd June 13/08, Completed on: 2008-06-13 | Kenneth Stephen Terrance Solowan |
| 2008-05-26 | Motion to extend time, (consent included), Completed on: 2008-05-26 | Her Majesty the Queen |
| 2008-05-26 | Respondent's book of authorities, Completed on: 2008-05-30 | Her Majesty the Queen |
| 2008-05-26 | Respondent's factum, new CD rec'd June 13/08, Completed on: 2008-06-17 | Her Majesty the Queen |
| 2008-05-22 | Appeal perfected for hearing | |
| 2008-03-31 | Appellant's record, Completed on: 2008-03-31 | Kenneth Stephen Terrance Solowan |
| 2008-03-28 | Appellant's book of authorities, Completed on: 2008-03-28 | Kenneth Stephen Terrance Solowan |
| 2008-03-27 | Appellant's factum, Completed on: 2008-03-27 | Kenneth Stephen Terrance Solowan |
| 2008-01-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-12-18 | Notice of appeal, Completed on: 2007-12-18 | Kenneth Stephen Terrance Solowan |
| 2007-11-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-11-30 | Judgment on leave sent to the parties | |
| 2007-11-29 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA034869, 2007 BCCA 388, dated July 18, 2007, is granted. Granted |
|
| 2007-10-29 | All materials on application for leave submitted to the Judges, CJ F Ro | |
| 2007-10-19 | Applicant's reply to respondent's argument, Completed on: 2007-10-19 | Kenneth Stephen Terrance Solowan |
| 2007-10-11 | Respondent's response on the application for leave to appeal, Completed on: 2007-10-11 | Her Majesty the Queen |
| 2007-09-14 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-09-14 | Application for leave to appeal, Completed on: 2007-09-14 | Kenneth Stephen Terrance Solowan |
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 |
|---|---|---|
| Solowan, Kenneth Stephen Terrance | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Solowan, Kenneth Stephen Terrance
Counsel
Peter Benning
2459 Pauline Street
Abbotsford, British Columbia
V2S 3S1
Telephone: (604) 855-9942
FAX: (604) 855-3413
Email: tnclaw@dowco.com
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
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: wndy.rubin@gov.bc.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.
Criminal law - Sentencing - Proportionality in sentencing - Summary convictions - Whether the Court of Appeal erred in finding that for the purposes of the application of the principles of sentencing, in a case where the Crown proceeds summarily, the maximum sentence is the sentence available had the Crown proceeded by indictment.
The Applicant pleaded guilty to the following counts: possession of stolen property under $5,000, taking an automobile without the owner’s consent, and failing to stop for police. On November 22, 2006, the 20-year old Applicant took an automobile with the owner’s consent but retained possession of it longer than the owner permitted. On December 4, 2006, the police found the Applicant to be in possession of another stolen vehicle. After refusing directions to stop, the Applicant engaged in a high-speed chase that ended with the deployment of a spike belt by police. The Crown proceeded summarily on all offences. He was sentenced to 15 months in prison on the basis of his record. The Court of Appeal later reduced the sentence by three months.
Lower court rulings
Provincial Court of British Columbia
52697, 52698
see file / voir dossier
Court of Appeal for British Columbia (Vancouver)
CA034869, 2007 BCCA 388
see file / voir dossier
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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