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.
34653
Mihai Ibanescu v. Her Majesty the Queen
(Quebec) (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) |
|---|---|---|
| 2013-06-03 | Appeal closed | |
| 2013-05-31 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-05-31 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-05-30 | Transcript received, (63 pages) | |
| 2013-05-30 |
Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-004554-109, 2011 QCCA 2304, dated January 18, 2012, heard on May 15, 2013, is allowed and the acquittal entered at trial is reinstated. Allowed |
|
| 2013-05-15 | Judgment reserved OR rendered with reasons to follow | |
| 2013-05-15 |
Hearing of the appeal, 2013-05-15, CJ LeB F Abe Ro Cro Mo Ka Wa Judgment reserved |
|
| 2013-05-15 | Acknowledgement and consent for video taping of proceedings, All parties consented. | |
| 2013-05-15 | Respondent's condensed book, (Book Form), Filed in the courtroom | Her Majesty the Queen |
| 2013-05-15 | Appellant's condensed book, (Book Form), filed in the courtroom | Mihai Ibanescu |
| 2013-05-08 | Notice of appearance, Dennis Galiatsatos and Benoit Lauzon will be present at the hearing. Mr. Galiatsatos will present oral submissions. | Her Majesty the Queen |
| 2013-05-08 | Notice of appearance, Rose-Mélanie Drivod will be present at the hearing | Mihai Ibanescu |
| 2013-03-28 | Appeal perfected for hearing | |
| 2013-03-28 | Order on motion to extend time | |
| 2013-03-28 |
Decision on motion to extend time, Mo, to file the respondent's factum and book of authorities to March 21/13 and for oral argument of the hearing of the appeal Granted, no order as to costs |
|
| 2013-03-28 | Submission of motion to extend time, Mo | |
| 2013-03-26 | Response to motion to extend time, From Rose-Mélanie Drivod, Completed on: 2013-03-26 | Her Majesty the Queen |
| 2013-03-26 | Motion to extend time, To file the respondent's factum and book of authorities to March 21, 2013, Completed on: 2013-03-26 | Her Majesty the Queen |
| 2013-03-21 | Respondent's book of authorities, (4 volumes), Completed on: 2013-03-21 | Her Majesty the Queen |
| 2013-03-21 | Respondent's factum, Motion for extension of time requested - Rec'd on March 26, 2013, Completed on: 2013-03-26 | Her Majesty the Queen |
| 2013-03-13 | Notice of hearing sent to parties | |
| 2013-03-07 |
Appeal hearing scheduled, 2013-05-15 Judgment reserved |
|
| 2013-01-22 | Appellant's book of authorities, Completed on: 2013-01-22 | Mihai Ibanescu |
| 2013-01-22 | Appellant's record, (2 volumes), Completed on: 2013-01-22 | Mihai Ibanescu |
| 2013-01-22 | Appellant's factum, Completed on: 2013-01-23 | Mihai Ibanescu |
| 2012-10-12 | Notice of appeal, CD missing - Rec'd by e-amil on October 17, 2012, Completed on: 2012-10-17 | Mihai Ibanescu |
| 2012-09-14 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-09-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-09-14 | Judgment on leave sent to the parties | |
| 2012-09-13 |
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 of Quebec (Montréal), Number 500-10-004554-109, 2011 QCCA 2304, dated January 18, 2012, is granted. Granted |
|
| 2012-07-16 | All materials on application for leave submitted to the Judges, De F Ka | |
| 2012-03-01 | Respondent's response on the application for leave to appeal, Completed on: 2012-03-01 | Her Majesty the Queen |
| 2012-02-09 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-02-06 | Application for leave to appeal, 2 volumes (Volume 2 is the Book of Authorities), Completed on: 2012-02-06 | Mihai Ibanescu |
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 |
|---|---|---|
| Ibanescu, Mihai | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Ibanescu, Mihai
Counsel
625, Boulevard René Levesque Ouest, bureau 900
Montréal, Quebec
H3B 1R2
Telephone: (514) 868-9090
FAX: (514) 868-9009
Email: rmdrivod@slglaw.ca
Agent
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
Party: Her Majesty the Queen
Counsel
Dennis Galiatsatos
Palais de justice
1, Notre-Dame E. Bureau 4-100
Montreal, Quebec
H2Y 1B6
Telephone: (514) 393-2703
FAX: (514) 873-9895
Agent
17, rue Laurier
Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60416
FAX: (819) 772-3986
Email: jean.campeau@dpcp.gouv.qc.ca
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 Offences Driving with more than 80 mg of alcohol in 100 ml of blood Impaired driving Evidence Presumptions Breathalyzer tests Straddle evidence Whether Court of Appeal erred in law in its analysis of R. v. Gibson, [2008] 1 S.C.R. 397 Whether Court of Appeal erred in law in not complying with stare decisis rule Whether Court of Appeal overstepped its role by substituting its own assessment of facts for that of trial judge.
On January 15, 2006, following car accidents and a loss of control, Mihai Ibanescu’s vehicle came to a stop around 2:15 a.m. A Transports Québec patrol officer and some witnesses prevented Mr. Ibanescu from leaving. The police arrived around 2:37 a.m. After some checks were done and Mr. Ibanescu was read his rights, he was arrested and taken to the police station. The breathalyzer test administered at 3:59 a.m. measured a blood alcohol concentration of 104 mg / 100 ml. Two charges were laid against Mr. Ibanescu: driving with a blood alcohol level over the legal limit and impaired driving.
Lower court rulings
Superior Court of Quebec
2009 QCCS 6404, 500-36-005070-092
Appeal dismissed
Court of Appeal of Quebec (Montréal)
2011 QCCA 2304, 500-10-004554-109
Appeal allowed;
Guilty verdict entered only on charge of operation of vehicle with blood alcohol level over legal limit
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
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