Case information
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37757
R.A. v. Her Majesty the Queen
(Ontario) (Criminal) (As of Right)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2018-04-06 | Appeal closed | |
| 2018-04-03 | Transcript received, 50 pages | |
| 2018-03-26 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-03-26 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-03-23 | General proceeding, (Letter Form), Questionnaire regarding publication ban. | Her Majesty the Queen |
| 2018-03-23 | General proceeding, (Letter Form), Questionnaire regarding publication ban. | R.A. |
| 2018-03-23 |
Judgment on the appeal rendered, Mo Ka Ga Côt Row, The appeal from the judgment of the Court of Appeal for Ontario, Number C61946, 2017 ONCA 714, dated September 14, 2017, was heard on March 23, 2018, and the Court on that day delivered the following judgment orally: MOLDAVER J. — A majority of the Court would dismiss the appeal, substantially for the reasons of the majority of the Court of Appeal. Justice Gascon, dissenting, would have allowed the appeal for the reasons of Justice Trotter. Dismissed |
|
| 2018-03-23 |
Hearing of the appeal, 2018-03-23, Mo Ka Ga Côt Row Judgment rendered |
|
| 2018-03-23 | Respondent's condensed book, (Book Form), (14 copies) Submitted in court room. | Her Majesty the Queen |
| 2018-03-23 | Appellant's condensed book, (Book Form), (14 copies) Submitted in court room. | R.A. |
| 2018-03-13 | Certificate (on limitations to public access), (Letter Form), Form 23B Amanded | Her Majesty the Queen |
| 2018-03-08 | Appeal perfected for hearing | |
| 2018-03-07 |
Notice of appearance, (Letter Form), Howard L. Krongold will be appearing and will present oral argument. |
R.A. |
| 2018-03-05 |
Notice of appearance, (Letter Form), Rachel Young and Alexander Alvarowill be appearing. Ms.Young will present oral argument. |
Her Majesty the Queen |
| 2018-02-19 | Certificate of counsel (attesting to record), (Letter Form) | Her Majesty the Queen |
| 2018-02-19 | Certificate (on limitations to public access), (Letter Form), Form 23B | Her Majesty the Queen |
| 2018-02-19 | Certificate (on limitations to public access), (Letter Form), Form 23A | Her Majesty the Queen |
| 2018-02-19 | Respondent's record, (Book Form), Completed on: 2018-02-19 | Her Majesty the Queen |
| 2018-02-19 | Respondent's factum, (Book Form), Completed on: 2018-03-20 | Her Majesty the Queen |
| 2018-01-09 | Certificate (on limitations to public access), (Letter Form), Form 23B | R.A. |
| 2018-01-09 | Certificate (on limitations to public access), (Letter Form), Form 23A | R.A. |
| 2018-01-09 | Certificate of counsel (attesting to record), (Letter Form) | R.A. |
| 2018-01-09 | Appellant's record, (Book Form), (2 volumes), Completed on: 2018-01-09 | R.A. |
| 2018-01-09 | Appellant's factum, (Book Form), Completed on: 2018-01-09 | R.A. |
| 2017-12-18 | Transcript received, 15 pages | |
| 2017-12-06 |
Order on motion to quash, UPON APPLICATION by the respondent to quash the Notice of Appeal filed by the appellant on September 20, 2017; AND THE MATERIAL FILED having been read; AND AFTER THE HEARING of this motion; IT IS HEREBY ORDERED THAT: 1. The motion is dismissed. 2. The hearing shall be re-scheduled tentatively to March 23, 2018. 3. The appellant’s factum, record and book of authorities, if any, shall be served and filed on or before January 9, 2018. 4. The respondent’s factum, record and book of authorities, if any, shall be served and filed on or before February 20, 2018. 5. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before January 30, 2018. 6. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before February 6, 2018. 7. Replies to any responses to the motions for leave to intervene shall be served and filed on or before February 8, 2018. 8. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities, if any, on or before March 7, 2018. |
|
| 2017-12-05 |
Decision on the motion to quash the appeal, Mo Ka Wa Ga Br Dismissed |
|
| 2017-12-05 |
Hearing of the motion to quash, 2017-12-05, Mo Ka Wa Ga Br Decision rendered |
|
| 2017-12-05 | General proceeding, (Letter Form), Questionnaire following the hearing regarding the publication ban. | Her Majesty the Queen |
| 2017-12-05 | General proceeding, Questionnaire following the hearing regarding the publication ban. | Her Majesty the Queen |
| 2017-12-05 | Respondent's condensed book, (Book Form), for the oral hearing of the motion to quash; Submitted in Court (14 copies) | R.A. |
| 2017-11-29 | Supplemental factum, (Book Form), (Reply factum on the motion to quash), Completed on: 2017-11-29 | Her Majesty the Queen |
| 2017-11-23 | Intervener's factum, (Book Form), (For its intervention on the motion to quash), Completed on: 2017-11-23 | Criminal Lawyers’ Association (Ontario) |
| 2017-11-22 | Notice of hearing sent to parties | |
| 2017-11-22 |
Appeal hearing scheduled, 2018-03-23, (previously February 13, 2018) Judgment rendered |
|
| 2017-11-21 | Notice of appearance, (Letter Form), Rachel Young and Alexander Alvaro will be present at the hearing of the motion. Ms. Young will present oral arguments. | Her Majesty the Queen |
| 2017-11-20 | Notice of appearance, (Letter Form), Matthew R. Gourlay and Louis P. Strezos will be present at the hearing of the motion. Mr. Gourlay will present oral arguments. | Criminal Lawyers’ Association (Ontario) |
| 2017-11-20 | Notice of appearance, (Letter Form), Howard L. Krongold will be present at the hearing of the motion and will present oral arguments. | R.A. |
| 2017-11-16 | Order on motion for leave to intervene, (by CÔTÉ J.) | |
| 2017-11-16 |
Decision on the motion for leave to intervene, Côt, UPON APPLICATION by the Criminal Lawyers’ Association (Ontario) for leave to intervene in the motion to quash in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a single factum not to exceed ten (10) pages in length on or before November 23, 2017. The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the motion to quash. The respondent is granted permission to file a reply factum not to exceed five (5) pages in length on or before November 29, 2017. The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements resulting from its intervention. Granted |
|
| 2017-11-16 | Submission of motion for leave to intervene, Côt | |
| 2017-11-16 |
Submission of motion to quash, 2017-12-05, (Dsitributed on 2017-11-16) Oral hearing on motion December 5, 2017, Mo Ka Wa Ga Br Decision rendered |
|
| 2017-11-15 |
Appeal hearing scheduled, 2017-12-05, (Oral hearing on motion to quash) Judgment rendered |
|
| 2017-11-08 | Correspondence received from, (Letter Form), Howard L. Krongold (by email). The appellant takes no position on the request made by the respondent to file a reply factum to the intervention. | R.A. |
| 2017-11-08 | Correspondence received from, (Letter Form), Jeff Beedell (by email). The intervener will not be filing a reply to the motion. | Criminal Lawyers’ Association (Ontario) |
| 2017-11-07 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-11-07 | Her Majesty the Queen |
| 2017-11-07 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-11-07 | R.A. |
| 2017-11-06 | Notice of name, (Letter Form) | Criminal Lawyers’ Association (Ontario) |
| 2017-11-06 | Motion for leave to intervene, (Book Form), Payment missing (received 2017-11-09)., Completed on: 2017-11-14, (Electronic version filed on 2017-11-06) | Criminal Lawyers’ Association (Ontario) |
| 2017-10-31 | Certificate (on limitations to public access), (Letter Form), Form 23B (Response to motion to quash) | R.A. |
| 2017-10-30 | Correspondence received from, (Letter Form), Howard L. Krongold (in person). Hearing of the motion to quash. | R.A. |
| 2017-10-30 | Response to the motion to quash, (Book Form), 1 copy missing (received 2017-10-31), Completed on: 2017-10-31 | R.A. |
| 2017-10-23 | Certificate (on limitations to public access), (Letter Form), Form 23B | Her Majesty the Queen |
| 2017-10-23 | Certificate (on limitations to public access), (Letter Form), Form 23A | Her Majesty the Queen |
| 2017-10-20 | Correspondence received from, (Letter Form), Howard L. Krongold (by email). Letter regarding the filing deadlines. | R.A. |
| 2017-10-20 | Motion to quash, (Book Form), amended motion rec'd 2017/12/05, Completed on: 2017-10-23, (Printed version filed on 2017-10-23) | Her Majesty the Queen |
| 2017-10-16 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2017-09-29 | Correspondence received from, Rachel Young dated 2017-09-29. Re: Process of securing a new agent | Her Majesty the Queen |
| 2017-09-25 | Letter acknowledging receipt of a notice of appeal | |
| 2017-09-20 | Certificate (on limitations to public access), Form 23B | R.A. |
| 2017-09-20 | Certificate (on limitations to public access), Form 23A | R.A. |
| 2017-09-20 | Notice of appeal, (Letter Form), Completed on: 2017-09-21 | R.A. |
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 |
|---|---|---|
| R.A. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: R.A.
Counsel
116 Lisgar Street, Suite 200
Ottawa, Ontario
K2P 0C2
Telephone: (613) 235-9779
FAX: (613) 235-8317
Email: howard@agpllp.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
Alexander Alvaro
10th Floor, 720 Bay Street
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: rachel.young@ontario.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Criminal law - Trials - Judgments - Reasons for judgment - Sufficiency of reasons - Whether Court of Appeal erred in rejecting accused’s argument that trial judge’s reasons were insufficient.
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.
The appellant was convicted of sexual interference at trial by a judge sitting without a jury. The offence was committed against the young daughter of his then-girlfriend. The appellant appealed his conviction, arguing that the trial judge had failed to resolve a critical inconsistency in the complainant’s evidence and failed to explain why he accepted the complainant’s evidence and rejected his evidence. The majority in the Court of Appeal dismissed the appeal. It was of the view that the trial judge’s analysis reflected a careful and sensitive approach to the evidence as a whole and that there was no error which would allow the court to intervene. Trotter J.A., dissenting, would have allowed the appeal and ordered a new trial. In his opinion, the inconsistency in the complainant’s evidence was significant, and the trial judge’s failure to address it constituted a reversible error.
Lower court rulings
Ontario Superior Court of Justice
CR-15-002-00, 2015 ONSC 7494
Appellant convicted of sexual interference
Court of Appeal for Ontario
C61946, 2017 ONCA 714
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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