Case information
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35929
Robert Badgerow v. Her Majesty the Queen
(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) |
|---|---|---|
| 2014-10-27 | Close file on Leave | |
| 2014-10-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-10-24 | Judgment on leave sent to the parties | |
| 2014-10-23 |
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 C56067, 2014 ONCA 272, dated April 8, 2014, is dismissed without costs. Dismissed, without costs |
|
| 2014-08-25 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2014-08-21 | Correspondence received from, (Letter Form), Counsel for the Respondent, Mr. Randy Schwartz, fax response to the Applicant's letter dated August 18, 2014., (Electronic version filed on 2014-08-21) | Her Majesty the Queen |
| 2014-08-18 | Correspondence received from, (Letter Form), agent for the Applicant, Brian Crane re: suggestion that the Court may wish to consider listing this case alongside with 35527 and 35548 should leave be granted. , (Electronic version filed on 2014-08-18) | Robert Badgerow |
| 2014-08-15 | Applicant's reply to respondent's argument, (Book Form), Original and proof of service missing. Received 2014-08-18., Completed on: 2014-08-18 | Robert Badgerow |
| 2014-08-08 | Correspondence received from, Matthew Gourlay dated 2014-08-08. Re: Response to the letter to expedite the application | Robert Badgerow |
| 2014-08-08 | Correspondence received from, Randy Shwartz dated 2014-08-08. Re: Would like to have the application expedited | Her Majesty the Queen |
| 2014-08-07 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2014-08-07 | Respondent's response on the application for leave to appeal, (Book Form), Electronic copy missing. Received 2014-08-22., Completed on: 2014-08-22, (Electronic version filed on 2014-08-22) | Her Majesty the Queen |
| 2014-06-09 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2014-06-09 | |
| 2014-06-06 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Robert Badgerow |
| 2014-06-06 | Application for leave to appeal, Completed on: 2014-06-06 | Robert Badgerow |
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 |
|---|---|---|
| Badgerow, Robert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Badgerow, Robert
Counsel
Matthew Gourlay
171 John Street
Suite 101
Toronto, Ontario
M5T 1X3
Telephone: (416) 649-5055
FAX: (866) 714-1196
Email: faddario@addario.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 Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4555
FAX: (416) 326-4656
Email: randy.schwartz@ontario.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.
Charter of Rights and Freedoms – Fundamental Justice – Criminal Law – What is the governing test for an abuse of process based on multiple re-trials? – What kind of exceptional circumstances justify a fourth trial? – Whether the Court of Appeal erred in treating abuse motions based on multiple retrials as residual category cases in the test for a stay of proceedings.
The applicant has been tried three times for a murder that occurred in 1981. A conviction was quashed on appeal and two trials resulted in mistrials. Someone with knowledge of the murder called 911 two days after the murder. The Crown has not been allowed to lead evidence that the call was traced to a phone booth outside the applicant’s place of work. The Crown has commenced trial for a fourth time proceedings and will seek to put the call-trace evidence before a jury. A motions judge held that a fourth trial will breach s. 7 of the Charter and stayed proceedings. The Court of Appeal allowed an appeal and held that the call-trace evidence is admissible.
Lower court rulings
Ontario Superior Court of Justice
CR-00-09, 2012 ONSC 4829
Motion to stay fourth trial as an abuse of process granted
Court of Appeal for Ontario
C56067, 2014 ONCA 272
Appeal allowed
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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