Docket

32719

Her Majesty the Queen v. Bobby Singh Virk, et al.

(British Columbia) (Criminal) (By Leave)

(Sealing order)

Proceedings
Date Proceeding Filed By
(if applicable)
2010-03-12 Correspondence received, H.L. McBride from the S.C.B.C (dated Mar 5/10); order of Justice MacKenzie dated March 4/10
2009-11-24 Appeal closed
2009-11-20 Formal judgment sent to the registrar of the court of appeal and all parties
2009-11-20 Judgment on appeal and notice of deposit of judgment sent to all parties
2009-11-19 Judgment on the appeal rendered, CJ Bi LeB F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA035614, CA035615, CA035616, 2008 BCCA 892, dated July 10, 2008, heard on April 22, 2009, is allowed and the cross-appeal is dismissed. The case is returned to the trial court to be proceeded with in accordance with the judgment of the Court in this case.
Allowed
2009-05-22 Transcription received, (78 pages)
2009-04-22 Judgment reserved OR rendered with reasons to follow
2009-04-22 Intervener's condensed book, Submitted in Court (14 copies) Canadian Association of Chiefs of Police
2009-04-22 Respondent's condensed book, Submitted in Court - Joint (14 copies) Bobby Singh Virk
2009-04-22 Appellant's condensed book, Submitted in Court (14 copies) Her Majesty the Queen
2009-04-22 Acknowledgement and consent for video taping of proceedings, From all parties
2009-04-22 Hearing of the appeal, 2009-04-22, CJ Bi LeB F Abe Cha Ro
Judgment reserved
2009-04-20 Correspondence received from, Joseph Blazina dated April 20, 2009. Re: New decision to be included in the condensed book. Bobby Singh Virk
2009-04-16 Order on motion for leave to intervene, (BY ROTHSTEIN J.)
2009-04-16 Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Law Society of British Columbia for an order extending the time to apply for leave to intervene and for leave to intervene in the above appeal;
AND UPON the application for leave to intervene having been filed on April 9, 2009, but without the necessary motion for an extension of time; the motion for an extension of time having been filed on April 15, 2009;
AND UPON the hearing of this appeal being scheduled for April 22, 2009;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to apply for leave to intervene is dismissed.
Dismissed
2009-04-16 Submission of motion for leave to intervene, Ro
2009-04-15 Notice of appearance, Robert Hubbard and Christopher Webb will be present at the hearing. Attorney General of Ontario
2009-04-15 Notice of appearance, Paul Riley and François Lacasse will be present at the hearing. Director of Public Prosecutions of Canada
2009-04-14 Response to the motion for leave to intervene, by fax dated April 14/09 to The Law Society of British Columbia, Completed on: 2009-04-14 Her Majesty the Queen
2009-04-14 Notice of appearance, Greg Preston and Mark Unchulenko will be present at the hearing. Canadian Association of Chiefs of Police
2009-04-14 Notice of appearance, Anil Kapoor and Lindsay Daviau will be present at the hearing. Criminal Lawyers' Association (Ontario)
2009-04-09 Motion for leave to intervene, (motion to extend time filed April15/09-original affidavit filed April 16/09), Completed on: 2009-04-09 Law Society of British Columbia
2009-04-08 Notice of appearance, William Berardino, Janet Winteringham, Andrea MacKay and Michael Sobkin will be present at the hearing. Her Majesty the Queen
2009-04-08 Order by, Abe, FURTHER TO THE ORDER dated March 4, 2009, granting leave to intervene to the Attorney General of Ontario, the Canadian Association of Chiefs of Police, the Director of Public Prosecutions for Canada and the Criminal Lawyers' Association (Ontario);
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2009-04-07 Notice of appearance, Joseph Doyle and Erin Dance will be present at the hearing. Aneal Basi
2009-04-07 Notice of appearance, Michael Bolton and Claire Hatcher will be present at the hearing. Udhe Singh (Dave) Basi
2009-04-07 Notice of appearance, Kevin McCullough and Joseph Blazina will be present at the hearing. Bobby Singh Virk
2009-04-06 Intervener's book of authorities, Completed on: 2009-04-06 Attorney General of Ontario
2009-04-06 Intervener's factum, Completed on: 2009-04-06 Attorney General of Ontario
2009-04-06 Intervener's book of authorities, CD missing - Rec'd on April 14, 2009, Completed on: 2009-04-14 Director of Public Prosecutions of Canada
2009-04-06 Intervener's factum, CD missing - Rec'd on April 14, 2009, Completed on: 2009-04-14 Director of Public Prosecutions of Canada
2009-04-03 Intervener's book of authorities, CD missing - Rec'd on April 7, 2009, Completed on: 2009-04-07 Criminal Lawyers' Association (Ontario)
2009-04-03 Intervener's factum, CD missing - Rec'd on April 7, 2009, Completed on: 2009-04-07 Criminal Lawyers' Association (Ontario)
2009-04-01 Respondent's factum - cross appeal, 24 SEALED copies (1 redacted copy rec'd with CD)(4 add. redacted copies rec'd Apr. 6/09), Completed on: 2009-04-06 Her Majesty the Queen
2009-03-31 Intervener's book of authorities, Completed on: 2009-03-31 Canadian Association of Chiefs of Police
2009-03-31 Intervener's factum, Completed on: 2009-03-31 Canadian Association of Chiefs of Police
2009-03-23 Appeal perfected for hearing
2009-03-23 Respondent's book of authorities, (CD and Form rec'd Mar. 24/09), Completed on: 2009-03-24 Udhe Singh (Dave) Basi
2009-03-23 Appellant's factum - cross appeal, (Included in Respondent's factum), Completed on: 2009-03-24 Udhe Singh (Dave) Basi
2009-03-23 Respondent's factum, (3 redacted copies + 24 SEALED copies) - CD and Form rec'd Mar. 24/09 - cross-appeal included (6 add. redacted copies rec'd on March 31/09), Completed on: 2009-03-24 Udhe Singh (Dave) Basi
2009-03-23 Appellant's factum - cross appeal, (included in Respondent's factum), Completed on: 2009-03-24 Aneal Basi
2009-03-23 Respondent's factum, (3 redacted copies + 24 SEALED copies) - CD and Form rec'd Mar. 24/09 - cross-appeal included (6 add. redacted copies rec'd on March 31/09), Completed on: 2009-03-24 Aneal Basi
2009-03-17 Respondent's record, Completed on: 2009-03-17 Bobby Singh Virk
2009-03-17 Respondent's book of authorities, Completed on: 2009-03-17 Bobby Singh Virk
2009-03-17 Appellant's factum - cross appeal, 1 redacted copy + CD included in respondent's factum - 24 SEALED copies + SEALED CD, Completed on: 2009-03-17 Bobby Singh Virk
2009-03-17 Respondent's factum, 1 redacted copy + CD + cross-appeal included - 24 SEALED envelops + SEALED CD., Completed on: 2009-03-17 Bobby Singh Virk
2009-03-04 Order on motion for leave to intervene, (BY ABELLA J.)
2009-03-04 Decision on the motion for leave to intervene, Abe, The motions for leave to intervene of the Attorney General of Ontario, the Canadian Association of Chiefs of Police, the Director of Public Prosecutions for Canada and the Criminal Lawyers' Association (Ontario) are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before April 6, 2009.
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 interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention.
Granted
2009-03-04 Submission of motion for leave to intervene, Abe
2009-03-03 Response to the motion for leave to intervene, (Letter Form), from W. S. Berardino dated March 2/09, Completed on: 2009-03-03 Her Majesty the Queen
2009-03-02 Notice of hearing sent to parties
2009-03-02 Appeal hearing scheduled, 2009-04-22
Judgment reserved
2009-02-24 Response to the motion for leave to intervene, e-mail from Gowlings dated Feb. 24/09 (by Crim. Lawyers' Ass.), Completed on: 2009-02-24 Bobby Singh Virk
2009-02-20 Motion for leave to intervene, (bookform), Completed on: 2009-02-20 Criminal Lawyers' Association (Ontario)
2009-02-12 Response to the motion for leave to intervene, (Letter Form), from W.S. Berardino dated Feb. 11/09 (by all 3 interveners), Completed on: 2009-02-12 Her Majesty the Queen
2009-02-11 Order on motion to seal
2009-02-11 Decision on motion to seal, De, Tab 1 of Volume II of the Appellant’s Record (marked Sealed) filed January 26, 2009, containing the in camera hearing transcript, be kept under seal;
The Appellant’s Factum (marked Sealed) filed on January 26, 2009, and any Factum of the Respondent on Cross-Appeal which may be filed by the Appellant, containing quotes from and argument referring to the in camera hearing transcript, be kept under seal;
Any Respondents’ material to be filed that contain any part of the in camera transcript or quotes from or argument referring to such transcript, be kept under seal;
The sealed materials shall only be made available to the Counsel for the Appellant and their Ottawa Agent, Respondents’ counsel and their Ottawa Agent, Members of the Court, Court staff, and other persons as this Court may further order.
AND HAVING READ the material filed
IT IS HEREBY ORDERED THAT the motion is granted.
Granted
2009-02-11 Submission of motion to seal, De
2009-02-10 Reply to motion to seal, (Letter Form), (from J.W. Beedell, dated Feb. 10/09), Completed on: 2009-02-10 Her Majesty the Queen
2009-02-09 Motion for leave to intervene, Completed on: 2009-02-09 Director of Public Prosecutions of Canada
2009-02-09 Response to motion to seal, (Letter Form), (from J.J. Blazina dated Feb. 9/09) re: concerned with the term of the order, Completed on: 2009-02-09 Bobby Singh Virk
2009-02-09 Response to motion to seal, Completed on: 2009-02-09 Aneal Basi
2009-02-09 Response to the motion for leave to intervene, e-mail from Gowlings dated Feb. 9/09 (by A.G. Ont. and CACP), Completed on: 2009-02-09 Aneal Basi
2009-02-06 Response to motion to seal, Completed on: 2009-02-06 Bobby Singh Virk
2009-02-06 Response to the motion for leave to intervene, e-mail from Gowlings dated Feb. 6/09 (by A.G. Ont. and CACP), Completed on: 2009-02-06 Bobby Singh Virk
2009-02-04 Correspondence received from, Jeffrey Beedell dated Feb. 4, 2009. Re: Revised pages 6, 26, 27 and 39 were changed in factum Her Majesty the Queen
2009-02-04 Motion for leave to intervene, Completed on: 2009-02-04 Attorney General of Ontario
2009-02-03 Motion to seal, tab I of vol. II of the Appellant's Record, the Appellant's factum and any factum of Respondent on cross-appeal, Completed on: 2009-02-03 Her Majesty the Queen
2009-02-02 Motion for leave to intervene, Completed on: 2009-02-04 Canadian Association of Chiefs of Police
2009-01-28 Correspondence received from, Mr. Beedell dated Jan-28-09 re: filing dates including consent of the respondent Her Majesty the Queen
2009-01-26 Correspondence received from, J. Beedell, dated Jan. 26/09; filing of seal and public appellant's material Her Majesty the Queen
2009-01-26 Correspondence received from, Jeffrey Beedell, dated Jan 26, re: public copies of appellant's documents Bobby Singh Virk
2009-01-26 Appellant's book of authorities, 3 public copies filed - CD Rom and service to follow - recvd Jan 28/09, Completed on: 2009-01-26 Her Majesty the Queen
2009-01-26 Appellant's record, VOLUME 2 SEALED - 3 public copies filed of Volume 1 and 2- CD Rom and service to follow-recvd Jan 28/09, Completed on: 2009-01-29 Her Majesty the Queen
2009-01-26 Appellant's factum, SEALED - 3 public copies filed - CD Rom and service to follow- recvd Jan 28/09 - CD with sealed documents filed Feb. 4/09, Completed on: 2009-01-29 Her Majesty the Queen
2008-12-23 Notice of appeal, Completed on: 2008-12-23 Her Majesty the Queen
2008-12-10 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2008-11-28 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2008-11-28 Judgment on leave sent to the parties
2008-11-27 Decision on the application for leave to appeal, CJ F Ro, (Revised Dec. 1/08) The motions to expedite the application for leave to appeal and to seal the responses by the respondents Udhe Singh (Dave) Basi and Bobby Singh Virk are granted. The application for leave to appeal and the applications for leave to cross-appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA035614, CA035615 and CA035616, 2008 BCCA 297, dated July 10, 2008, are granted.
Granted
2008-11-27 Decision on the application for leave to cross-appeal, CJ F Ro
Granted
2008-11-27 Decision on motion to seal, CJ F Ro
Granted
2008-11-27 Decision on motion to expedite the application for leave to appeal, CJ F Ro
Granted
2008-10-14 All material on the application for leave to cross-appeal submitted to the Judges, CJ F Ro
2008-10-14 All materials on application for leave submitted to the Judges, CJ F Ro
2008-10-14 Submission of motion to seal, CJ F Ro
2008-10-14 Submission of motion to expedite the application for leave to appeal, CJ F Ro
2008-10-08 Correspondence received from, Joseph M. Doyle dated Oct. 8/08 re: adopts the Virk reply Aneal Basi
2008-10-06 Reply to the memorandum in response to the argument on cross-appeal, Completed on: 2008-10-06 Bobby Singh Virk
2008-09-26 Memorandum of argument in response to the cross-appeal, SEALED - plus one REDACTED copy (joint with reply on leave), Completed on: 2008-09-26 Her Majesty the Queen
2008-09-26 Applicant's reply to respondent's argument, SEALED - plus one REDACTED copy (joint with response on the conditional cross appeal), Completed on: 2008-09-26 Her Majesty the Queen
2008-09-02 Correspondence received from, Jeffrey Beedell dated September 2, 2008. Re: Filing of one reply to the responses Her Majesty the Queen
2008-08-29 Application for leave to cross-appeal, (conditional), Completed on: 2008-08-29 Udhe Singh (Dave) Basi
2008-08-29 Response to motion to seal, (Letter Form), from Jeffrey W. Beedell dated Aug. 29/08 (to both motions), Completed on: 2008-08-29 Her Majesty the Queen
2008-08-28 Application for leave to cross-appeal, (joint with respondent's response), Completed on: 2008-08-28 Aneal Basi
2008-08-28 Respondent's response on the application for leave to appeal, (joint with conditional leave to cross-appeal), Completed on: 2008-08-28 Aneal Basi
2008-08-22 Application for leave to cross-appeal, (SEALED)(conditional) (joint with respondent's response), Completed on: 2008-08-22 Bobby Singh Virk
2008-08-22 Motion to seal, the respondent's Bobby Singh Virk response (bookform), Completed on: 2008-08-22 Bobby Singh Virk
2008-08-22 Book of authorities Bobby Singh Virk
2008-08-22 Respondent's response on the application for leave to appeal, (SEALED) (joint with a conditional application for cross-appeal) (redacted version filed), Completed on: 2008-08-22 Bobby Singh Virk
2008-08-22 Motion to seal, the respondent's Udhe Singh (Dave) Basi response, Completed on: 2008-08-21 Udhe Singh (Dave) Basi
2008-08-21 Supplemental document, certificate along with two sealing orders of Bennett J. of the BCSC dated Dec. 17/07 and July 25/08 Udhe Singh (Dave) Basi
2008-08-21 Respondent's response on the application for leave to appeal, (SEALED) (redacted version filed), Completed on: 2008-08-21 Udhe Singh (Dave) Basi
2008-08-07 Correspondence received from, Andrea McKay dated August 7, 2008 RE: C/A order form Her Majesty the Queen
2008-08-01 Correspondence received from, Joseph M. Doyle dated July 31/08 RE: will file a response before August 29, 2008 and does not object to the motion to expedite the application for leave to appeal Aneal Basi
2008-07-29 Correspondence received from, Kevin McCullough dated July 28/08 RE: will file a response before August 29, 2008 and does not object to the motion to expedite the application for leave to appeal Bobby Singh Virk
2008-07-23 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2008-07-21 Motion to expedite the application for leave to appeal, Original affidavit rec'd July 23, 2008, Completed on: 2008-07-23 Her Majesty the Queen
2008-07-21 Application for leave to appeal, C/A order missing - rec'd August 26, 2008, Completed on: 2008-08-26 Her Majesty the Queen