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.
31499
Her Majesty the Queen v. Rathiskumar Mahalingan
(Ontario) (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) |
|---|---|---|
| 2008-11-17 | Appeal closed | |
| 2008-11-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-11-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-11-14 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for Ontario, Number C41280, dated April 20, 2006, heard on December 7, 2007, is dismissed. Dismissed |
|
| 2007-12-17 | Transcript received, (62 pages) | |
| 2007-12-07 | Judgment reserved OR rendered with reasons to follow | |
| 2007-12-07 | Appellant's condensed book, (submitted in Court) (14 copies) | Her Majesty the Queen |
| 2007-12-07 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2007-12-07 |
Hearing of the appeal, 2007-12-07, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2007-11-22 | Notice of appearance, Philip R. Campbell will be present at the hearing | Rathiskumar Mahalingan |
| 2007-11-15 | Notice of appearance, Lucy Cecchetto and Sunita Srivastava will be present at the hearing. | Her Majesty the Queen |
| 2007-08-20 | Notice of hearing sent to parties | |
| 2007-08-20 |
Appeal hearing scheduled, 2007-12-07, (previously June 13/07 and Nov. 6/07) Judgment reserved |
|
| 2007-06-06 | Order on motion to extend time | |
| 2007-06-06 |
Decision on motion to extend time, to serve and file the respondent's factum and book of authorities to May 29/07, and to present oral argument at the hearing of the appeal, Ro Granted |
|
| 2007-06-05 | Submission of motion to extend time, Ro | |
| 2007-06-04 | Response to motion to extend time, from Lucy Cecchetto (fax copy), Completed on: 2007-06-04 | Her Majesty the Queen |
| 2007-06-04 | Motion to extend time, to file the factum to May 29, 2007 and authorities to May 30, 2007 and to present oral argument (further motion), Completed on: 2007-06-04 | Rathiskumar Mahalingan |
| 2007-05-30 | Respondent's book of authorities, (Vol. I and II ), Completed on: 2007-06-08 | Rathiskumar Mahalingan |
| 2007-05-29 | Respondent's factum, (extension of time filed), Completed on: 2007-05-29 | Rathiskumar Mahalingan |
| 2007-05-14 | Order on motion to extend time | |
| 2007-05-14 |
Decision on motion to extend time, to serve and file the respondent's factum and book of authorities to May 25/07 and to present oral argument at the hearing of the appeal, Ro Granted |
|
| 2007-05-09 | Submission of motion to extend time, Ro | |
| 2007-05-08 | Response to motion to extend time, (Letter Form), from Lucy Cecchetto dated May 2/07, Completed on: 2007-05-08 | Her Majesty the Queen |
| 2007-05-04 | Motion to extend time, (to file the Respondent's factum, Auth. and Records to May 25/07 with consent), Completed on: 2007-05-04 | Rathiskumar Mahalingan |
| 2007-04-23 | Appeal perfected for hearing | |
| 2007-03-28 | Appellant's book of authorities, (Vol. I and II), Completed on: 2007-03-28 | Her Majesty the Queen |
| 2007-02-26 | Appellant's record, (Vol. I to XIV), Completed on: 2007-02-26 | Her Majesty the Queen |
| 2007-02-26 | Appellant's factum, Completed on: 2007-02-26 | Her Majesty the Queen |
| 2006-12-15 | Notice of appeal, Completed on: 2006-12-15 | Her Majesty the Queen |
| 2006-12-12 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-11-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-11-17 | Judgment on leave sent to the parties | |
| 2006-11-16 |
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 C41280, dated April 20, 2006, is granted. Granted |
|
| 2006-09-18 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2006-07-21 | Respondent's response on the application for leave to appeal, Completed on: 2006-07-21 | Rathiskumar Mahalingan |
| 2006-06-19 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2006-06-16 | Application for leave to appeal, (Form 25B and filing fee $50 missing - fee rec'd June 19/06 - Form 25B rec'd June 21/06), Completed on: 2006-06-22 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mahalingan, Rathiskumar | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Sunita Srivastava
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4574
FAX: (416) 326-4656
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Mahalingan, Rathiskumar
Counsel
180 Dundas Street West
Suite 1515
Toronto, Ontario
M5A 4P7
Telephone: (416) 847-2560 Ext: 223
FAX: (416) 847-2564
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
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 (non-Charter) - Trial - Whether this Court should revisit the application of issue estoppel to the criminal law - Whether the Court of Appeal erred in law in holding that if issue estoppel applies to the criminal law, it applies to a subsequent acquittal - Whether the Court of Appeal erred in law in refusing to apply the curative proviso - Whether the Court of Appeal erred in law in finding that the trial judge did not adequately present the theory of the defence.
The Respondent, Rathiskumar Mahalingan, was tried for attempted murder before a judge and jury. The charge against Mahalingan and two co-accused arose from a gang attack. Identity was the central issue at trial for all three accused. One co-accused offered an alibi defence and was acquitted. The other co-accused was convicted of aggravated assault. Mahalingan was acquitted of attempted murder but convicted of the included offence of aggravated assault. The Court of Appeal for Ontario ordered that Mahalingan’s appeal be allowed, his conviction set aside and a new trial ordered.
Lower court rulings
Ontario Superior Court of Justice
Respondent convicted of aggravated assault
Ontario Superior Court of Justice
Acquittal
Court of Appeal for Ontario
C41280
Appeal allowed; conviction set aside and new trial ordered
Filed documents
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 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 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
Related links
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
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available