Skip to main content

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.


39440

Victor Samaniego v. Her Majesty the Queen

(Ontario) (Criminal) (As of Right)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
2022-04-08 Appeal closed
2022-03-25 Formal judgment sent to the registrar of the court of appeal and all parties
2022-03-25 Judgment on appeal and notice of deposit of judgment sent to all parties
2022-03-25 Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal for Ontario, Number C66310, 2020 ONCA 439, dated July 6, 2020, heard on November 5, 2021, is dismissed. Côté, Brown and Rowe JJ. dissent.
Dismissed
2021-11-24 Transcript received, 49 pages

require: hard copy (rec'd 2021-11-30)
2021-11-05 Judgment reserved OR rendered with reasons to follow
2021-11-05 Hearing of the appeal, 2021-11-05, CJ Mo Ka Côt Br Row Mar Kas Ja
Judgment reserved
2021-11-03 Appellant's condensed book, (Book Form), (Printed version filed on 2021-11-03) Victor Samaniego
2021-11-01 Respondent's condensed book, (Book Form), (Printed version filed on 2021-11-02) Her Majesty the Queen
2021-10-28 Correspondence (sent by the Court) to, Registration link and instructions for upcoming November Zoom hearing
2021-10-05 Notice of appearance, (Letter Form), Louis P. Strezos and Michelle Biddulph will appear at the hearing ; Louis P. Strezos will present oral argument.
, (Printed version due on 2021-10-13)
Criminal Lawyers' Assocation (Ontario)
2021-10-05 Notice of appearance, (Letter Form), Chris Rudnicki and Karen Lau-Po-Hung will appear and present oral argument at the hearing., (Printed version due on 2021-10-13) Victor Samaniego
2021-10-04 Notice of appearance, (Letter Form), Craig Harper and Jacob Millns will appear at the hearing. Craig Harper will present oral argument at the hearing.

Received: amended notice of appearance 2021-10-20, (Printed version due on 2021-10-12)
Her Majesty the Queen
2021-09-13 Notice of change of counsel Victor Samaniego
2021-07-09 Other book of authorities, (Book Form), Reply Factum, Completed on: 2021-08-23, (Printed version due on 2021-07-16) Her Majesty the Queen
2021-07-09 Reply factum on appeal, (Book Form), Required:
- Proof of service (rec'd 2021-08-23), Completed on: 2021-08-23, (Printed version due on 2021-07-16)
Her Majesty the Queen
2021-07-02 Intervener's factum, (Book Form), Completed on: 2021-08-23, (Printed version due on 2021-07-09) Criminal Lawyers' Assocation (Ontario)
2021-06-28 Notice of hearing sent to parties
2021-06-28 Appeal hearing scheduled, 2021-11-05
Judgment reserved
2021-06-07 Order on motion to extend time, motion by respondent (signed by Justice Martin)
2021-06-07 Order on motion to extend time, motion by appellant (signed by Justice Martin)
2021-06-07 Decision on motion to extend time, Mar, UPON APPLICATION by the respondent to extend the time to serve and file their factum, record and book of authorities to May 17, 2021;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion for extension of time is granted.

The respondent is permitted to present oral argument at the appeal pursuant to Rule 71(3) of the Supreme Court of Canada Rules.

Granted
2021-06-07 Decision on motion to extend time, Mar, UPON APPLICATION by the appellant to extend the time to serve and file his factum, record and book of authorities to March 19, 2021;

AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for extension of time is granted.
Granted
2021-06-07 Submission of motion to extend time, (respondent), Mar
2021-06-07 Submission of motion to extend time, (appellant), Mar
2021-05-21 Motion to extend time, (Book Form), to serve and file the respondent's factum, Completed on: 2021-05-31 Her Majesty the Queen
2021-05-20 Order on motion for leave to intervene, by Justice Martin
2021-05-20 Order on motion to extend time, by Justice Martin
2021-05-20 Decision on the motion for leave to intervene, Mar, UPON APPLICATION by Criminal Lawyers’ Association of Ontario for an extension of time to serve and file the motion for leave to intervene and for leave to intervene in the above appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion for an extension of time is granted.

The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before July 2, 2021.

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.

The respondent is permitted to file a reply factum not to exceed five (5) pages in length on or before July 9, 2021.

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 their intervention.
Granted
2021-05-20 Decision on motion to extend time, Mar
Granted
2021-05-20 Submission of motion for leave to intervene, Mar
2021-05-20 Submission of motion to extend time, Mar
2021-05-17 Certificate (on limitations to public access), (Letter Form), Form 23B , (Printed version filed on 2021-05-18) Her Majesty the Queen
2021-05-17 Certificate (on limitations to public access), (Letter Form), Form 23A
, (Printed version filed on 2021-05-18)
Her Majesty the Queen
2021-05-17 Respondent's book of authorities, (Book Form), REQUIRE: motion to extend the time to file (motion filed 2021-05-21, decision rendered 2021-06-07), Completed on: 2021-06-08, (Printed version filed on 2021-05-18) Her Majesty the Queen
2021-05-17 Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2021-05-18) Her Majesty the Queen
2021-05-17 Respondent's record, (Book Form), (5 volumes), motion to extend the time to file (motion filed 2021-05-21, decision rendered 2021-06-07) , Completed on: 2021-06-08, (Printed version filed on 2021-05-18) Her Majesty the Queen
2021-05-17 Respondent's factum, (Book Form), REQUIRE: motion to extend the time to file the Respondent appeal materials (motion filed 2021-05-21, decision rendered 2021-06-07) , Completed on: 2021-06-08, (Printed version filed on 2021-05-18) Her Majesty the Queen
2021-05-05 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2021-05-04 Response to the motion for leave to intervene, Completed on: 2021-05-05 Her Majesty the Queen
2021-04-27 Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Completed on: 2021-04-28 Victor Samaniego
2021-04-27 Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-04-28 Victor Samaniego
2021-04-26 Notice of name Criminal Lawyers' Assocation (Ontario)
2021-04-26 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), Completed on: 2021-04-28 Criminal Lawyers' Assocation (Ontario)
2021-04-26 Motion for leave to intervene, (Book Form), Completed on: 2021-04-28 Criminal Lawyers' Assocation (Ontario)
2021-03-19 Motion to extend time, (Book Form), to serve and file the appellant's factum, Completed on: 2021-05-31 Victor Samaniego
2021-03-19 Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version due on 2021-03-26) Victor Samaniego
2021-03-19 Appellant's record, (Book Form), (3 volumes), require: decision on motion for extension (rendered 2021-06-07)

received: Tab 13 of appellant's record filed on CD (rec'd 2021-03-19), Completed on: 2021-06-08, (Printed version filed on 2021-03-19)
Victor Samaniego
2021-03-19 Appellant's factum, (Book Form), require: decision on motion for extension of time (rendered 2021-06-07), Completed on: 2021-06-08, (Printed version filed on 2021-03-19) Victor Samaniego
2021-02-02 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), by email on 2021-02-03
2021-01-15 Correspondence received from, (Letter Form), Appellant's materials will be filed late (no later than March 1, 2021) and will be filed with a motion., (Printed version due on 2021-01-22) Victor Samaniego
2021-01-11 Order on motion to extend time to serve and/or file notice of appeal, by MARTIN J.
2021-01-11 Decision on motion to extend time to serve and/or file notice of appeal, Mar,
UPON APPLICATION by the appellant for an order extending the time to file his notice of appeal as of right to November 23, 2020;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
The parties are invited to provide written submissions in their respective factum addressing this Court’s jurisdiction to hear the appeal as of right.

Granted
2021-01-11 Submission of motion to extend time to serve and/or file notice of appeal submitted, Mar
2020-12-10 Response to motion to extend time to serve and/or file notice of appeal, (Letter Form), Completed on: 2020-12-10 Her Majesty the Queen
2020-12-10 General proceeding, (Letter Form),
A FILE NUMBER HAS BEEN ASSIGNED AT THIS TIME FOR THE SOLE PURPOSE OF PREPARING AN ORDER RELATING TO THE MOTION FOR EXTENSION OF TIME.

THE NOTICE OF APPEAL AS OF RIGHT IN THIS MATTER REMAINS UNDER REVIEW. ALL PARTIES WILL BE ADVISED IN WRITING, BY E-MAIL, WHEN THE REVIEW IS COMPLETE.
Victor Samaniego
2020-11-23 Certificate (on limitations to public access), (Letter Form) Victor Samaniego
2020-11-23 Motion to extend the time to serve and/or file the notice of appeal, (Letter Form), Completed on: 2020-12-10 Victor Samaniego
2020-11-23 Notice of appeal, (Letter Form), Completed on: 2020-11-23 Victor Samaniego

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

Main parties - Appellants
Name Role Status
Samaniego, Victor Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Criminal Lawyers' Assocation (Ontario) Intervener Active

Counsel

Party: Samaniego, Victor

Counsel
Chris Rudnicki
Karen Lau-Po-Hung
Rusonik, O'Connor, Robbins, Ross & Angelini LLP
36 Lombard Street
Suite 100
Toronto, Ontario
M5C 2X3
Telephone: (416) 559-5441
FAX: (416) 598-3384
Email: rudnicki@criminaltriallawyers.ca
Agent
Thomas Slade
Supreme Advocacy LLP
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca

Party: Her Majesty the Queen

Counsel
Craig Harper
Jacob Millns
Attorney General of Ontario
10th Floor, 720 Bay St.
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: craig.harper@ontario.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Criminal Lawyers' Assocation (Ontario)

Counsel
Louis P. Strezos
Michelle M. Biddulph
Louis P. Strezos and Associate
15 Bedford Road
Toronto, Ontario
M5R 2J7
Telephone: (416) 944-0244
FAX: (416) 369-3450
Email: lps@15bedford.com
Agent
Thomas Slade
Supreme Advocacy LLP
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca

Summary

Keywords

Criminal law - Trial management powers - Evidence - Admissibility of evidence - Cross-examination - Credibility - Prior inconsistent statements - Prior consistent statements - Trial fairness - Whether the majority of the Court of Appeal erred in finding that the trial judge’s mid-trial rulings were a proper exercise of her trial management powers and subject to deference - Whether the majority of the Court of Appeal erred in finding that the mid-trial rulings did not render the trial unfair by depriving the appellant of the ability to make full answer and defence.

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.

The appellant was jointly charged and tried by a jury with his co-accused of possession of a loaded restricted firearm. It was alleged that the appellant had brought the firearm to a nightclub and used it to threaten a security guard (“witness”) at the club’s entrance, and that the co-accused took possession of the weapon shortly thereafter. The witness’s credibility was central to the Crown’s case. The trial judge made a number of mid-trial rulings which had the effect of preventing the appellant’s counsel from cross-examining the witness on his prior statements to police and at the preliminary inquiry, and she disallowed a line of questioning related to alleged discreditable conduct by the co-accused. The trial judge also directed the jury that the witness had made prior consistent statements, but did not require those statements to be put into evidence. Both the appellant and his co-accused were found guilty.

The appellant appealed his conviction, alleging that the trial judge erred in limiting the witness’s cross-examination by the appellant’s counsel and in misdirecting the jury on the witness’s prior consistent statements. He also argued that the errors undermined the fairness of the trial. A majority of the Court of Appeal dismissed the appeal, holding that the rulings were trial management decisions within the discretion of the trial judge which are entitled to deference. The rulings did not deprive the appellant of material evidence necessary for his defence and did not impact the fairness of the trial. In dissent, Paciocco J.A. would have allowed the appeal and ordered a new trial. In his view, the trial judge’s rulings deprived the appellant of important evidence related to the witness’s credibility, and the fairness of the trial was undermined by the trial judge’s errors.

Lower court rulings

July 6, 2020
Court of Appeal for Ontario

2020 ONCA 439, C66310

Appeal against the conviction for possession of a loaded restricted firearm dismissed.

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

Webcasts

Select format
Select language
Date modified: 2025-02-27