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.
40258
His Majesty the King v. J.W.
(Ontario) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-12-13 | Close file on Leave | |
| 2022-12-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-12-08 | Judgment on leave sent to the parties | |
| 2022-12-08 |
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 C68966, 2022 ONCA 306, dated April 21, 2022, is dismissed. Dismissed |
|
| 2022-10-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-08-29 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-08-31) | J.W. |
| 2022-08-29 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-08-31) | J.W. |
| 2022-08-29 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-09-09, (Printed version filed on 2022-08-31) | J.W. |
| 2022-06-29 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED - 2022-06-29 | |
| 2022-06-20 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-06-27) | His Majesty the King |
| 2022-06-20 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-06-27) | His Majesty the King |
| 2022-06-20 |
Application for leave to appeal, (Book Form), Required: - Amended Notice of Application - (HMTQ not AGO) Rec'd 2022-07-04 - Signed TC reasons dated Feb. 2018 (Rec'd 2022-07-04) - TC Order (Not available), Completed on: 2022-07-06, (Printed version filed on 2022-06-22) |
His Majesty the King |
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 |
|---|---|---|
| His Majesty the King | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| J.W. | Respondent | Active |
Counsel
Party: His Majesty the King
Counsel
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4555
FAX: (416) 326-4656
Email: rebecca.defilippis@ontario.ca
Party: J.W.
Counsel
2900 - 161 Bay St.
Toronto, Ontario
M5J 2S1
Telephone: (416) 360-2777
FAX: (416) 362-8410
Email: bbadali@btlegal.ca
Summary
Keywords
Criminal law — Evidence — Admissibility — Whether evidence of the respondent’s discreditable conduct should have been admitted — Whether the curative proviso should have been applied.
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.
(Publication ban in case) (Publication ban on party)
The respondent charged with several offences. The Crown applied to tender evidence of the respondent’s discreditable conduct. The trial judge admitted the evidence, and convicted the respondent of four offences. The Court of Appeal held that the trial judge erred in admitting the evidence. The Court of Appeal allowed the appeal, set aside the convictions, and ordered a new trial.
Lower court rulings
Ontario Superior Court of Justice
2018 ONSC 1153, CF-13-1943
Convictions entered: invitation to sexual touching (x2), sexual interference, and exposing his genitals.
Court of Appeal for Ontario
2022 ONCA 306, C68966
Appeal allowed; convictions set aside; new trial ordered
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
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Related links
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