Case information
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35804
Brandon Wills 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-01-19 | Record returned to the Registrar of the Court of Appeal, (Trial Court) Ministry of the Attorney General (Newmarket, Ontario) | |
| 2014-12-01 | Transcript received, 71 pages | |
| 2014-11-24 | Appeal closed | |
| 2014-11-21 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-11-21 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-11-20 |
Judgment on the appeal rendered, Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for Ontario, Number C54968, 2014 ONCA 178, dated March 7, 2014, was heard on November 14, 2014, and the Court on November 20, 2014, delivered the following judgment: ROTHSTEIN J. — The majority of the Court is of the view that the appeal should be dismissed for the reasons of Doherty J.A. in the Court of Appeal. Justices Cromwell and Karakatsanis, dissenting, would have allowed the appeal for the reasons of Pepall J.A. Dismissed |
|
| 2014-11-14 | Judgment reserved OR rendered with reasons to follow | |
| 2014-11-14 |
Hearing of the appeal, 2014-11-14, Ro Cro Mo Ka Wa Judgment reserved |
|
| 2014-11-14 | Appellant's condensed book, (Book Form), Filed in Court | Brandon Wills |
| 2014-11-05 | Notice of appearance, David Lepofsky will be present at the hearing | Her Majesty the Queen |
| 2014-09-08 | Notice of appearance, Carlos Rippell and Diana M. Lumba will be present at the hearing, and Mr. Rippell will be making oral arguments. | Brandon Wills |
| 2014-09-08 | Notice of hearing sent to parties | |
| 2014-09-05 |
Appeal hearing scheduled, 2014-11-14, (previously tentatively scheduled for December 1, 2014 & December 10, 2014) Judgment reserved |
|
| 2014-08-15 | Appeal perfected for hearing | |
| 2014-08-14 | Respondent's book of authorities, (Book Form), Completed on: 2014-08-14, (Electronic version filed on 2014-08-14) | Her Majesty the Queen |
| 2014-08-14 | Respondent's record, (Book Form), Completed on: 2014-08-14, (Electronic version filed on 2014-08-14) | Her Majesty the Queen |
| 2014-08-14 | Respondent's factum, (Book Form), Completed on: 2014-08-14, (Electronic version filed on 2014-08-14) | Her Majesty the Queen |
| 2014-06-24 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2014-06-24) | Brandon Wills |
| 2014-06-20 | Appellant's book of authorities, (Book Form), Completed on: 2014-06-20, (Electronic version filed on 2014-06-20) | Brandon Wills |
| 2014-06-20 | Appellant's factum, (Book Form), Completed on: 2014-06-20, (Electronic version filed on 2014-06-20) | Brandon Wills |
| 2014-06-20 | Appellant's record, (Book Form), (Vol. 1 to 3) , Completed on: 2014-06-25, (Electronic version filed on 2014-06-23) | Brandon Wills |
| 2014-04-04 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2014-03-28 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-03-28) | Brandon Wills |
| 2014-03-28 | Notice of appeal, (Letter Form), Completed on: 2014-04-02, (Electronic version filed on 2014-03-28) | Brandon Wills |
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 |
|---|---|---|
| Wills, Brandon | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Wills, Brandon
Counsel
Carlos Rippell
Diana Lumba
510 - 481 University Avenue
Toronto, Ontario
M5G 2E9
Telephone: (416) 390-1970
FAX: (416) 340-1672
Email: edward.royle@roylelaw.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
Party: Her Majesty the Queen
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4458
FAX: (416) 326-4656
Email: dlepofsky@sympatico.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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 - Reasonable verdict - Whether, given the frailties of the circumstantial evidence, the guilty verdict was one that a properly instructed jury, acting judicially, could properly have rendered.
The appellant was convicted of robbery with a firearm, unlawful confinement, disguise with intent to commit an indictable offence, and possession of a weapon for the purpose of committing an indictable offence. At trial, identity was the central issue. Neither victim of the home invasion could identify the appellant. The Crown’s case rested on circumstantial evidence. The appellant appealed his conviction, arguing, among other things, that the verdict was unreasonable. A majority of the Court of Appeal dismissed the appeal. Pepall, J.A., dissenting, would have allowed the appeal, set aside the conviction and entered acquittals on all charges. In her view, the Crown’s evidence, which amounted to inconclusive DNA evidence coupled with a baton found in the appellant’s residence which could not be connected to the crime scene, could not support a conclusion that the appellant was the perpetrator of the crimes.
Lower court rulings
Ontario Superior Court of Justice
Appellant convicted of robbery with a firearm, unlawful confinement, disguise with intent to commit an indictable offence, and possession of a weapon for the purpose of committing an indictable offence
Court of Appeal for Ontario
C54968, 2014 ONCA 178
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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