Docket

38854

Her Majesty the Queen v. R.V.

(Ontario) (Criminal) (As of Right / By Leave)

(Publication ban in case) (Publication ban on party)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2021-05-10 Appeal closed
2021-03-15 Formal judgment sent to the registrar of the court of appeal and all parties
2021-03-15 Judgment on appeal and notice of deposit of judgment sent to all parties
2021-03-12 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal for Ontario, Number C61866, 2019 ONCA 664, dated August 26, 2019, heard on November 13, 2020, is allowed. The order of the Court of Appeal is set aside, and the respondent’s convictions are restored. The acquittal on the charge of sexual assault is set aside and the proceeding on that charge is stayed. The matter is remitted to the Court of Appeal for determination of the respondent’s sentence appeal. Brown and Kasirer JJ. dissent in part.
Allowed
2020-12-10 General proceeding, (Letter Form), Case Sensitivity Questionnaire R.V.
2020-12-03 Transcript received, 101 pages
2020-11-17 General proceeding, (Letter Form), Case Sensitivity Questionnaire Her Majesty the Queen
2020-11-13 Judgment reserved OR rendered with reasons to follow
2020-11-13 Hearing of the appeal, 2020-11-13, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2020-11-12 Certificate (on limitations to public access), (Letter Form), 23B - Condensed Book R.V.
2020-11-12 Certificate (on limitations to public access), (Letter Form), 23B - Condensed Book Her Majesty the Queen
2020-11-12 Certificate (on limitations to public access), (Letter Form), 23A - Condensed Book Her Majesty the Queen
2020-11-12 Appellant's condensed book, (Book Form) Her Majesty the Queen
2020-11-10 Respondent's condensed book, (Book Form), Additional judgment added on November 11, 2020 [R. v. Klundert].
Missing: Form 23B (rec' 11/12/20)		 R.V.
2020-10-21 Notice of appearance, (Letter Form), Christopher Webb and Hatim Kheir will appear before the court. Mr. Webb will present oral arguments.
 Her Majesty the Queen
2020-10-20 Notice of appearance, (Letter Form), Joanne Dartana, Q.C.will appear before the court, and will present oral arguments.
 Attorney General of Alberta
2020-10-20 Notice of appearance, (Letter Form), Philip Campbell and Neill Fitzmaurice will appear before the court. Mr. Campbell will present oral arguments. R.V.
2020-10-19 Certificate (on limitations to public access), (Letter Form), 23B - Reply Factum & Supplemental Record Her Majesty the Queen
2020-10-19 Supplemental document, (Book Form), Supplemental Record, Completed on: 2020-10-22, (Printed version filed on 2020-10-22) Her Majesty the Queen
2020-10-19 Reply factum on appeal, (Book Form), Completed on: 2020-10-19, (Printed version filed on 2020-10-21) Her Majesty the Queen
2020-10-19 Notice of appearance, (Letter Form), Michael Dineen will appear before the court, and will present oral arguments.
 Criminal Lawyers' Association of Ontario
2020-10-08 Intervener's factum, (Book Form), Completed on: 2020-10-08, (Printed version filed on 2020-10-08) Criminal Lawyers' Association of Ontario
2020-10-05 Intervener's factum, (Book Form), Completed on: 2020-10-05, (Printed version filed on 2020-10-06) Attorney General of Alberta
2020-09-21 Order on motion for leave to intervene, by MARTIN J.
2020-09-21 Decision on the motion for leave to intervene, Mar,
UPON APPLICATION by the Attorney General of Alberta 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 is granted. The said intervener shall be entitled to serve and file a single factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before October 8, 2020.
The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The intervener is not 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 the respondent any additional disbursements resulting from its intervention.

Granted
2020-09-21 Submission of motion for leave to intervene, Mar
2020-09-02 Notice of hearing sent to parties
2020-09-01 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-09-01 Her Majesty the Queen
2020-08-31 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-08-31, (Printed version due on 2020-09-08) R.V.
2020-08-31 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-09-08)		 Attorney General of Alberta
2020-08-25 Appeal hearing scheduled, 2020-11-13, (previously October 16)
Judgment reserved
2020-08-19 Order on motion for leave to intervene, by MARTIN J.
2020-08-19 Decision on the motion for leave to intervene, Mar,
UPON APPLICATION by the Criminal Lawyers’ Association of Ontario 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 is granted. The said intervener shall be entitled to serve and file a single factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before October 8, 2020.

The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

Any other person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada must serve and file a motion for leave to intervene on or before August 31, 2020. Notice of this deadline will be placed on the Court’s website. Any responses to the motions for leave to intervene must be served and filed on or before September 10, 2020, and any replies must be served and filed on or before September 17, 2020. Any further intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada must also serve and file its respective factum, not to exceed ten (10) pages, and book of authorities, if any, on or before October 8, 2020.

The appellant is granted permission to serve and file a single factum in reply to the intervention not to exceed five (5) pages in length on or before October 19, 2020.

The intervener is not 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 the respondent any additional disbursements resulting from its intervention.

Granted
2020-08-19 Submission of motion for leave to intervene, Mar
2020-08-18 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2020-08-18, (Printed version due on 2020-08-25) Criminal Lawyers' Association of Ontario
2020-08-11 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-08-11, (Printed version due on 2020-08-18) Her Majesty the Queen
2020-08-05 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-08-05, (Printed version due on 2020-08-12) R.V.
2020-07-29 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-08-06)		 Criminal Lawyers' Association of Ontario
2020-07-14 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), (by email to all parties on July 15, 2020)
2020-07-09 Certificate (on limitations to public access), (Letter Form), 23A R.V.
2020-07-07 Certificate of counsel (attesting to record), (Letter Form) R.V.
2020-07-07 Certificate (on limitations to public access), (Letter Form), 23B R.V.
2020-07-07 Respondent's book of authorities, (Book Form), Completed on: 2020-07-07, (Printed version filed on 2020-10-09) R.V.
2020-07-07 Respondent's record, (Book Form), Completed on: 2020-07-07, (Printed version filed on 2020-10-09) R.V.
2020-07-07 Respondent's factum, (Book Form), 23A missing-rec'd 2020/07/09, Incomplete, (Printed version filed on 2020-10-09) R.V.
2020-05-05 Order on motion to appoint counsel, by the Chief Justice (sent by email to all parties May 5, 2020)
2020-05-05 Decision on motion to appoint counsel, CJ, UPON APPLICATION by the respondent, R.V., for an order appointing counsel under section 694.1 of the Criminal Code;

AND THE MATERIAL FILED having been read;

AND NOTING THAT the appellant consents to the motion;

IT IS HEREBY ORDERED THAT :

1. The motion is granted.

2. Mr. Philip Campbell is appointed as counsel for the respondent, under section 694.1 of the Criminal Code.

3. Mr. Campbell’s fees and disbursements shall be paid by the Attorney General of Ontario, in accordance with s. 694.1 (2) and (3) of the Criminal Code.

Granted
2020-05-05 Submission of motion to appoint counsel, CJ
2020-05-04 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2020-05-04 Appellant's factum, (Book Form), Amended factum rec'd 2020/05/05, Completed on: 2020-05-05 Her Majesty the Queen
2020-04-21 Response to motion to appoint counsel, (Letter Form), (by email), Completed on: 2020-04-27 Her Majesty the Queen
2020-03-17 Motion to appoint counsel, (Book Form), filing fee required, Incomplete R.V.
2020-03-06 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2020-03-06 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2020-03-06 Notice of appeal, (Letter Form), Completed on: 2020-03-06 Her Majesty the Queen
2020-02-07 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2020-02-07 Judgment on leave sent to the parties
2020-02-06 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 Ontario, Number C61866, 2019 ONCA 664, dated August 26, 2019, is granted.
Granted, no order as to costs
2020-01-28 Correspondence received from, (Letter Form), RE: Representation for the respondent and Legal Aid funding. R.V.
2019-12-30 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-12-12 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2019-12-12 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen
2019-12-12 Appellant's record, (Book Form), PUBLICATION BAN, Completed on: 2019-12-12 Her Majesty the Queen
2019-12-12 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2019-12-12 Appellant's factum, (Book Form), Completed on: 2019-12-13 Her Majesty the Queen
2019-12-10 Order on motion to extend time, by KASIRER J.
2019-12-10 Decision on motion to extend time, Kas,
UPON APPLICATION by the appellant for an order extending the time to serve and file its notice of appeal as of right to October 17, 2019;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.

Granted
2019-12-10 Submission of motion to extend time, Kas
2019-10-30 Letter acknowledging receipt of a complete application for leave to appeal
2019-10-28 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2019-10-28 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2019-10-28 Motion to extend time, (Book Form), This motion is related to the Notice of Appeal, Completed on: 2019-10-28 Her Majesty the Queen
2019-10-25 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2019-10-25 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2019-10-25 Application for leave to appeal, (Book Form), Completed on: 2019-10-25 Her Majesty the Queen
2019-10-24 Letter acknowledging receipt of a notice of appeal, FILE OPENED 10/24/19
2019-10-17 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2019-10-17 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2019-10-17 Notice of appeal, (Letter Form),
Motion for extension of time required (received 2019-10-28), Completed on: 2019-10-29		 Her Majesty the Queen