Case information
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34537
Sirshar Ahmad v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-04-13 | Close file on Leave | |
| 2012-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-03-30 | Judgment on leave sent to the parties | |
| 2012-03-29 |
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 C51771, 2011 ONCA 617, dated September 26, 2011, is dismissed without costs. Dismissed, without costs |
|
| 2012-01-30 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2011-12-14 | Respondent's response on the application for leave to appeal, Completed on: 2011-12-14 | Her Majesty the Queen |
| 2011-11-25 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2011-11-17 | Application for leave to appeal, Filing fee missing (rec'd Nov.29/11), Completed on: 2011-11-30 | Sirshar Ahmad |
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 |
|---|---|---|
| Ahmad, Sirshar | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Ahmad, Sirshar
Counsel
357 Bay Street
Suite 901
Toronto, Ontario
M5H 2T7
Telephone: (416) 364-7436
FAX: (416) 364-0083
Party: Her Majesty the Queen
Counsel
Crown Law Office Criminal
720 Bay Street, 10th floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: EserviceCLOC@ontario.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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 – Assessment of credibility – Evidence – Whether Court of Appeal failed to take into account trial judge’s speculative conclusions, which tolled against the credibility of the accused – Whether Court of Appeal dismissed appeal based on observations that the trial judge was experienced and gave lengthy reasons without due regard to the trial judge’s misapprehension of crucial evidence – Whether Court of Appeal erred in principle by declining to admit fresh evidence on the appeal – Whether forensic evidence on balance favoured the applicant.
The applicant was convicted of one count of assault and one count of sexual assault of his girlfriend. The complainant testified that he appeared intoxicated when he arrived at her apartment to pick her up for an evening together. She testified that he physically assaulted her during a car ride to his apartment and sexually assaulted her at his apartment. The applicant denied the assaults. He denied intoxication and testified that they watched movies at his apartment until the complainant suddenly decided to return home by taxi. At issue is the trial judge’s assessment of credibility and the evidence. The trial judge found the complainant credible and rejected much of the applicant’s testimony. The Court of Appeal decided not to admit fresh evidence showing that the applicant had his car repaired before arriving at the complainant’s apartment.
Lower court rulings
Ontario Court of Justice
08/1069
Convictions for assault and sexual assault
Court of Appeal for Ontario
C51771, 2011 ONCA 617
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
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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
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