Case information
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33919
Her Majesty the Queen v. Gordon Reynolds
(Ontario) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2011-07-15 | Appeal closed | |
| 2011-05-05 | Transcript received, (31 pages) | |
| 2011-04-29 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-04-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-04-28 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for Ontario, Number C49110, 2010 ONCA 576, dated September 8, 2010, heard on April 19, 2011, is allowed and the convictions imposed by the trial judge are restored. Allowed |
|
| 2011-04-19 | Judgment reserved OR rendered with reasons to follow | |
| 2011-04-19 |
Hearing of the appeal, 2011-04-19, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2011-04-19 | Appellant's condensed book, Filed in Court | Her Majesty the Queen |
| 2011-04-19 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2011-04-15 | Order on motion to extend time | |
| 2011-04-15 |
Decision on motion to extend time, Ro, to serve and file the respondent's record, factum and authorities to March 14/11, to accept the book of authorities without consecutive page numbers and to make oral argument at the hearing of the appeal Granted |
|
| 2011-04-15 | Submission of motion to extend time, Ro | |
| 2011-04-14 | Notice of appearance, Joseph Di Luca and Kevin Tilley will be appearing | Gordon Reynolds |
| 2011-04-14 | Correspondence received from, Gowling by email, re.: request for 2 reserved seats at the hearing | Gordon Reynolds |
| 2011-04-13 | Notice of appearance, Deborah Krick will be appearing | Her Majesty the Queen |
| 2011-03-18 | Response to motion to extend time, email from Burke-Robertson dated March 18/11, Completed on: 2011-03-18 | Her Majesty the Queen |
| 2011-03-18 | Motion to extend time, to serve and file the respondent's record, factum and authorities to March 14/11, to accept the book of authorities without consecutive page numbers and to make oral argument at the hearing of the appeal, Completed on: 2011-03-18 | Gordon Reynolds |
| 2011-03-15 | Notice of hearing sent to parties | |
| 2011-03-14 | Respondent's book of authorities, motion for page numbering rec'd March 18/11, Completed on: 2011-03-18 | Gordon Reynolds |
| 2011-03-14 | Respondent's record, Completed on: 2011-03-14 | Gordon Reynolds |
| 2011-03-14 | Respondent's factum, Motion for extension of time rec'd March 18/11, Completed on: 2011-03-18 | Gordon Reynolds |
| 2011-03-14 | Appeal perfected for hearing | |
| 2011-03-09 |
Appeal hearing scheduled, 2011-04-19, (start time 9:30 am) Judgment reserved |
|
| 2011-01-17 | Appellant's book of authorities, Completed on: 2011-01-17 | Her Majesty the Queen |
| 2011-01-17 | Appellant's factum, Completed on: 2011-01-17 | Her Majesty the Queen |
| 2011-01-13 | Appellant's record, Completed on: 2011-01-13 | Her Majesty the Queen |
| 2010-11-08 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2010-10-06 | Notice of appeal, (Amended Notice of Appeal rec`d March 2/11), Completed on: 2010-10-06 | 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 |
|---|---|---|
| Reynolds, Gordon | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
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: Reynolds, Gordon
Counsel
Kevin Tilley
100 -116 Simcoe St.
Toronto, Ontario
M5H 4E2
Telephone: (416) 868-1203 Ext: 223
FAX: (416) 868-0269
Email: jdiluca@dilucabarristers.ca
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
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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 - Offences - Elements of offence - Obstructing justice - Meaning of “corrupt means” - Whether the trial judge erred in his interpretation of “corrupt means” as contemplated in s. 139(3)(a) of the Criminal Code, R.S.C. 1985, c. C-46.
The respondent was convicted of attempting to obstruct the course of justice, contrary to s. 139 of the Criminal Code, and of breach of recognizance. On the first offence, the trial judge found that, by corrupt means, the respondent wilfully attempted to dissuade a witness from giving evidence in a criminal proceeding. The trial judge also found that the terms “corrupt means” set out in the particularized indictment in issue, were satisfied by the respondent’s suggestion to the witness that he obtain a false doctor’s note stipulating that he was incapable of testifying. On appeal, the respondent challenged the trial judge’s interpretation of “corrupt means”, arguing that his finding in relation to the false doctor’s note does not, in law, amount to a “corrupt means” within the meaning of s. 139(3)(a) of the Criminal Code. The respondent also argued that the record did not support the finding of a false doctor’s note and that in coming to that conclusion, the trial judge misapprehended the evidence. The majority of the Court of Appeal allowed the appeal and set aside the convictions. Finding that the trial judge had not misapplied the test for the “corrupt means” element of the offence, Blair, J.A., dissenting, would have dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
4588/05
See file
Court of Appeal for Ontario
C49110, 2010 ONCA 576
Appeal allowed
Memorandums of argument on application for leave to appeal
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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.
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