Supreme Court of Canada

Cases

SCC Case Information

Docket

34228

Her Majesty the Queen v. Marius Nedelcu

(Ontario) (Criminal) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2012-12-19 Appeal closed
2012-11-08 Formal judgment sent to the registrar of the court of appeal and all parties
2012-11-08 Judgment on appeal and notice of deposit of judgment sent to all parties
2012-11-07 Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal for Ontario, Number C48500, 2011 ONCA 143, dated February 24, 2011, heard on March 16, 2012, is allowed, the order for a new trial set aside and the guilty verdict on the charge of dangerous driving causing bodily harm restored. LeBel, Fish and Cromwell JJ. are dissenting.
Allowed, no order as to costs
2012-03-29 Transcription received, (74 pages)
2012-03-16 Judgment reserved OR rendered with reasons to follow
2012-03-16 Respondent's condensed book, (14 copies) distributed in Court Marius Nedelcu
2012-03-16 Appellant's condensed book, (14 copies) distributed in Court Her Majesty the Queen
2012-03-16 Acknowledgement and consent for video taping of proceedings, from all parties
2012-03-16 Hearing of the appeal, 2012-03-16, CJ LeB De F Abe Ro Cro Mo Ka
Judgment reserved
2012-03-13 Order on motion to adduce new evidence, (BY THE CHIEF JUSTICE)
2012-03-13 Decision on motion to adduce new evidence, CJ, UPON APPLICATION by the respondent for an order admitting as fresh evidence the affidavit of Penny Georgoudis, affirmed February 13, 2012;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2012-03-13 Supplemental document, Supplementary book of authorities with a cover letter (submitted to the Court on March 13, 2012), Completed on: 2012-03-13 Advocates' Society
2012-03-07 Notice of appearance, Sylvain Leboeuf and Gilles Laporte will be present at hearing Attorney General of Quebec
2012-03-07 Notice of appearance, Barbara A. McIsaac, Q.C. , Jacquie El-Chammas and Frank Addario will be present at hearing Advocates' Society
2012-03-06 Submission of motion to adduce new evidence, CJ
2012-03-06 Order by, Cro, UPON APPLICATION by the intervener, Criminal Lawyers’ Association (Ontario), for an order extending the time to serve and file its factum and book of authorities to March 2, 2012 and permitting the intervener to present oral argument at the hearing of this appeal pursuant to Rule 71(3) of the Rules of the Supreme Court of Canada;
AND FURTHER TO THE ORDER dated January 31, 2012, granting leave to intervene to the Criminal Lawyers’ Association (Ontario), the Advocates’ Society and the Attorney General of Quebec;
IT IS HEREBY FURTHER ORDERED THAT:
(1) the Criminal Lawyers’ Association (Ontario) is granted an extension of time to serve and file its factum and book of authorities to March 2, 2012, and is also granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
(2) the Advocates’ Society is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
(3) the Attorney General of Quebec is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2012-03-06 Decision on motion to extend time, Cro, See order on oral argument
Granted
2012-03-06 Submission of motion to extend time, Cro
2012-03-02 Response to motion to extend time, (joint consent by both appellant and respondent), Completed on: 2012-03-02 Her Majesty the Queen
2012-03-02 Correspondence received from, Change of counsel from Sack Gobblat to Borden Ladner Gervais Advocates' Society
2012-03-02 Motion to extend time, to serve and file the intervener, Criminal Lawyers' Association (Ontario), factum and book of authorities to March 2, 2012 and permitting to present oral argument pursuant to rule 71(3), Completed on: 2012-03-02 Criminal Lawyers' Association (Ontario)
2012-03-02 Intervener's book of authorities, Completed on: 2012-03-02 Criminal Lawyers' Association (Ontario)
2012-03-02 Intervener's factum, Completed on: 2012-03-02 Criminal Lawyers' Association (Ontario)
2012-03-01 Reply to motion to adduce new evidence, (sent to panel March 6/12), Completed on: 2012-03-01 Marius Nedelcu
2012-02-29 Response to the motion to adduce new evidence, (sent to panel March 6/12), Completed on: 2012-02-29 Her Majesty the Queen
2012-02-29 Intervener's book of authorities, Completed on: 2012-02-29 Advocates' Society
2012-02-29 Intervener's factum, Completed on: 2012-02-29 Advocates' Society
2012-02-27 Intervener's book of authorities, Completed on: 2012-02-27 Attorney General of Quebec
2012-02-27 Intervener's factum, Completed on: 2012-02-27 Attorney General of Quebec
2012-02-24 Notice of appearance, Michal Fairburn and Randy Schwartz will be present at the hearing Her Majesty the Queen
2012-02-24 Notice of appearance, P. Andras Schreck and Candice Suter will be present at the hearing Marius Nedelcu
2012-02-21 Motion to adduce new evidence, (sent to panel March 6/12), Completed on: 2012-02-21 Marius Nedelcu
2012-02-13 Correspondence received from, Ms. Suter dated Feb. 10/12 re: request for student to be seated at counsel table Marius Nedelcu
2012-02-13 Correspondence received from, Gowlings, by email, Re: reserved seating Marius Nedelcu
2012-02-06 Respondent's book of authorities, Completed on: 2012-02-06 Marius Nedelcu
2012-02-06 Respondent's factum, Completed on: 2012-02-06 Marius Nedelcu
2012-01-31 Order on motion for leave to intervene, (BY CROMWELL J.)
2012-01-31 Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the Criminal Lawyers’ Association of Ontario, the Advocates’ Society and the Attorney General of Quebec for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene by the Criminal Lawyers’ Association of Ontario, the Advocates’ Society and the Attorney General of Quebec are granted and the said interveners shall each be entitled to serve and file a factum not to exceed 10 pages in length on or before February 29, 2012.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention.
Granted, no order as to costs
2012-01-31 Submission of motion for leave to intervene, Cro
2012-01-30 Response to the motion for leave to intervene, consents to all the interventions, Completed on: 2012-01-30 Marius Nedelcu
2012-01-24 Order on motion to appoint counsel
2012-01-24 Decision on motion to appoint counsel, Abe, namely Mr. P. Andras Schreck and Ms. Cantice Suter as counsel of record for the respondent
Granted
2012-01-24 Submission of motion to appoint counsel, Abe
2012-01-23 Appeal perfected for hearing
2012-01-23 Response to the motion for leave to intervene, (Letter Form), (for AG of Quebec) from Michal Fairburn, by fax, dated Jan.23/12, Completed on: 2012-01-23 Her Majesty the Queen
2012-01-23 Response to the motion for leave to intervene, (Letter Form), (for Criminal Lawyers' Association of Ontario) from Michal Fairburn, by fax, dated Jan.23/12, Completed on: 2012-01-23 Her Majesty the Queen
2012-01-16 Response to the motion for leave to intervene, (Letter Form), (of Advocates' Society) from Randy Schwartz, by fax, dated Jan.16/12, Completed on: 2012-01-16 Her Majesty the Queen
2012-01-11 Correspondence received from, (Letter Form), Michal Fairburn, dated January 10/12, by fax, Re: shift in position of the appellant (sent to the panel on Jan.16/12) Her Majesty the Queen
2012-01-10 Motion for leave to intervene, Completed on: 2012-01-10 Attorney General of Quebec
2012-01-10 Motion for leave to intervene, (Bookform), Completed on: 2012-01-10 Criminal Lawyers' Association (Ontario)
2012-01-09 Response to motion to appoint counsel, Completed on: 2012-01-09 Her Majesty the Queen
2012-01-09 Motion to appoint counsel, Mr. P. Andras Schreck and Cantice Suter as counsel, Completed on: 2012-01-09 Marius Nedelcu
2012-01-03 Motion for leave to intervene, (Bookform), Completed on: 2012-01-03 Advocates' Society
2011-12-14 Order on motion to extend time
2011-12-14 Decision on motion to extend time, to serve and file the Appellant's Factum and Book of Authorities to the 25th of Nov. 2011., Reg
Granted
2011-12-14 Submission of motion to extend time, Reg
2011-12-08 Notice of hearing sent to parties
2011-12-07 Appeal hearing scheduled, 2012-03-16
Judgment reserved
2011-11-28 Motion to extend time, to serve and file the Appellant's Factum and Book of Authorities to Nov. 25, 201. (Fees missing -rec'd Dec 7, 2011), Completed on: 2011-12-07 Her Majesty the Queen
2011-11-25 Appellant's book of authorities, Completed on: 2011-11-25 Her Majesty the Queen
2011-11-25 Appellant's factum, Motion for extension of time filed on November 28, 2011, Completed on: 2011-11-25 Her Majesty the Queen
2011-11-22 Appellant's record, (3 volumes), Completed on: 2011-11-22 Her Majesty the Queen
2011-11-21 Correspondence received from, Ms. Fairburn rec'd by fax re: will be late filing their factum Her Majesty the Queen
2011-11-02 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2011-08-30 Notice of appeal, Completed on: 2011-08-30 Her Majesty the Queen
2011-07-04 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-07-04 Judgment on leave sent to the parties
2011-06-30 Decision on the application for leave to appeal, Bi Abe Ro, The motion for an extension of time to serve and file the application for leave to appeal and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C48500, 2011 ONCA 143, dated February 24, 2011, are granted without costs.
Granted, without costs
2011-06-30 Decision on motion to extend time to file and /or serve the leave application, Bi Abe Ro, see judgement
Granted, without costs
2011-06-13 All materials on application for leave submitted to the Judges, Bi Abe Ro
2011-06-13 Submission of motion to extend time to file and/ or serve the leave application, Bi Abe Ro
2011-05-26 Respondent's response on the application for leave to appeal, Completed on: 2011-05-26 Marius Nedelcu
2011-05-03 Letter acknowledging receipt of a complete application for leave to appeal
2011-05-02 Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2011-05-02 Her Majesty the Queen
2011-05-02 Application for leave to appeal, (Two Volumes), Completed on: 2011-05-03 Her Majesty the Queen