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Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.


41301

Kalen Schlatter v. His Majesty the King

(Ontario) (Criminal) (By Leave)

Docket

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

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

v.

Counsel

Party: Schlatter, Kalen

Counsel
Jeffery Couse
Lockyer Zaduk Zeeh
100-102 Atlantic Avenue
Toronto, Ontario
M6P 1X9
Telephone: (416) 613-0416
FAX: (416) 613-8746
Email: jcouse@lzzdefence.ca
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com

Party: His Majesty the King

Counsel
Tracy Kozlowski
Attorney General of Ontario
720 Bay Street
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
Email: tracy.kozlowski@ontario.ca

Summary

Keywords

Criminal law — Evidence — Alternate suspect — Should the common law discretion to allow cross-examination in the interests of justice be relaxed in the context of the defence calling an alternate suspect?

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.

Mr. Schlatter was charged with sexually assaulting and strangling a woman. Crown counsel conceded that Mr. Gardener met the criteria of an alternate suspect. Mr. Gardener was called as a defence witness. Defence applied for leave to cross-examine him at large. The trial judge denied the application. Two subsequent applications for leave to cross-examine Mr. Gardener were granted in part and defence counsel was granted limited cross-examination on specific issues.

Lower court rulings

March 23, 2020
Ontario Superior Court of Justice

2020 ONSC 1323

Conviction by jury for first degree murder

January 24, 2024
Court of Appeal for Ontario

2024 ONCA 56

Appeal 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

Not available.

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)
2024-09-27 Close file on Leave
2024-09-19 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2024-09-19 Judgment on leave sent to the parties
2024-09-19 Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C68354, 2024 ONCA 56, dated January 24, 2024, is dismissed.

Dismissed
2024-08-06 All materials on application for leave submitted to the Judges, for consideration by the Court
2024-08-06 Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court
2024-07-22 Lower court order - e-filing, CA Order C68354 Kalen Schlatter
2024-06-18 Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), Completed on: 2024-06-18 His Majesty the King
2024-06-18 Supplemental document, 2 Volumes His Majesty the King
2024-06-18 Certificate (on limitations to public access), (Included in the certificate (on limitations to public access)), 23B His Majesty the King
2024-06-18 Certificate (on limitations to public access), 23A His Majesty the King
2024-06-18 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-06-18 His Majesty the King
2024-05-29 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED
2024-05-28 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2024-05-28 Kalen Schlatter
2024-05-28 Certificate (on limitations to public access), 23B Kalen Schlatter
2024-05-28 Certificate (on limitations to public access), 23A Kalen Schlatter
2024-05-28 Application for leave to appeal, (Book Form), Missing:

- Appeal court orders (Rec'd 07-22-2024)

, Completed on: 2024-07-22
Kalen Schlatter

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
Schlatter, Kalen Applicant Active

v.

Main parties - Respondents
Name Role Status
His Majesty the King Respondent Active

Counsel

Party: Schlatter, Kalen

Counsel
Jeffery Couse
Lockyer Zaduk Zeeh
100-102 Atlantic Avenue
Toronto, Ontario
M6P 1X9
Telephone: (416) 613-0416
FAX: (416) 613-8746
Email: jcouse@lzzdefence.ca
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com

Party: His Majesty the King

Counsel
Tracy Kozlowski
Attorney General of Ontario
720 Bay Street
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
Email: tracy.kozlowski@ontario.ca

Summary

Keywords

Criminal law — Evidence — Alternate suspect — Should the common law discretion to allow cross-examination in the interests of justice be relaxed in the context of the defence calling an alternate suspect?

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.

Mr. Schlatter was charged with sexually assaulting and strangling a woman. Crown counsel conceded that Mr. Gardener met the criteria of an alternate suspect. Mr. Gardener was called as a defence witness. Defence applied for leave to cross-examine him at large. The trial judge denied the application. Two subsequent applications for leave to cross-examine Mr. Gardener were granted in part and defence counsel was granted limited cross-examination on specific issues.

Lower court rulings

March 23, 2020
Ontario Superior Court of Justice

2020 ONSC 1323

Conviction by jury for first degree murder

January 24, 2024
Court of Appeal for Ontario

2024 ONCA 56

Appeal 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

Not available.

Date modified: 2025-02-27