DATE: 20030801

DOCKET: M30070 (C39738-C39532-C39740)

COURT OF APPEAL FOR ONTARIO

RE:

TERRANCE PARKER (Applicant/Appellant and Respondent in Cross-appeal) v. HER MAJESTY THE QUEEN (Respondent/Cross-appellant and Respondent in appeal)

– AND BETWEEN –

WARREN HITZIG, ALISON MYRDEN, MARY-LYNNE CHAMNEY, CATHERINE DEVRIES, JARI DVORAK, STEPHEN VAN DE KEMP, DEBORAH ANNE STULTZ-GIFFIN & MARCO RENDA (Applicants/Cross-appellants and Respondents in appeal) v. HER MAJESTY THE QUEEN (Respondent/Appellant and Respondent in Cross-appeal)

– AND BETWEEN –

JOHN C. TURMEL AND JJ. MARC PAQUETTE (Applicants/Appellants and Respondents in Cross-appeal) v. HER MAJESTY THE QUEEN (Respondent/Cross-appellant and Respondent in appeal)

BEFORE: DOHERTY, GOUDGE and SIMMONS JJ.A.

COUNSEL:

Croft Michaelson, Chris Leafloor and Vanita Goela for the Crown

Alan Young for the respondents, Hitzig and Myrden

Paul Burstein for the respondent, Renda

Leora Shemesh for the respondents, Stultz-Giffin, Van de Kemp, Devries, Dvorak and Chamney

John C. Turmel, In person

Terrance Parker, In person

J.J. Marc Paquette, Not appearing

HEARD & ENDORSED: July 30 and 31, 2003

The motion is for an order to set aside or vary the order of Justice James J. Carthy released on June 25, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] We have reserved on the appeal that gave rise to the motion for a stay before Carthy J.A. On consent, we treat this appeal as a request by the Crown for a stay of the order of Lederman J. pending release of our reasons.

[2] The Crown has not satisfied us that the potential prejudice to it should we not stay the order is such as to warrant a stay of the order of Lederman J.

[3] We do not propose to make any order. In declining to make any order, we rely on the Crown’s stated intention to operate under its interim policy (July 9, 2003) pending the decision of this court. Should circumstances change, any party may, on proper notice, make application to the court for interim relief pending release of the reasons.