Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38801
Her Majesty the Queen v. G.F., et al.
(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) |
|---|---|---|
| 2021-06-16 | Appeal closed | |
| 2021-05-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2021-05-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2021-05-14 |
Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal for Ontario, Numbers C65125 and C65126, 2019 ONCA 493, dated June 14, 2019, heard on October 14, 2020, is allowed. The order of the Court of Appeal is set aside, and the respondents’ convictions are restored. Côté J. dissents. Allowed |
|
| 2020-10-30 | Transcript received, 96 pages | |
| 2020-10-30 | Certificate (on limitations to public access), (Letter Form), 23B - Condensed Book | G.F. |
| 2020-10-29 | Certificate (on limitations to public access), (Letter Form), 23B - Condensed Book | Her Majesty the Queen |
| 2020-10-14 | Judgment reserved OR rendered with reasons to follow | |
| 2020-10-14 |
Hearing of the appeal, 2020-10-14, CJ Abe Mo Ka Côt Br Row Mar Kas Judgment reserved |
|
| 2020-10-13 | Appellant's condensed book, (Book Form) | Her Majesty the Queen |
| 2020-10-09 | Respondent's condensed book, (Book Form) | G.F. |
| 2020-10-01 |
Notice of appearance, (Letter Form), Peter Sankoff will appear before the court, and will present oral arguments. |
Criminal Lawyers' Association of Ontario |
| 2020-09-29 | Notice of appearance, (Letter Form), Philippe Cowle will appear before the court, and will present oral arguments. | Her Majesty the Queen |
| 2020-09-17 | Correspondence received from, (Letter Form), RE: Reply to Respondent's Factum | Her Majesty the Queen |
| 2020-09-04 |
Notice of appearance, (Letter Form), Alison Craig and Riaz Sayani will appear before the court. Ms. Craig will present oral arguments. |
G.F. |
| 2020-09-02 | Notice of hearing sent to parties | |
| 2020-08-26 | Certificate (on limitations to public access), (Letter Form), 23B | G.F. |
| 2020-08-26 | Certificate of counsel (attesting to record), (Letter Form) | G.F. |
| 2020-08-26 | Respondent's record, (Book Form), (2 volumes), Completed on: 2020-08-26, (Printed version filed on 2020-08-27) | G.F. |
| 2020-08-26 | Respondent's book of authorities, (Book Form), Completed on: 2020-08-26 | G.F. |
| 2020-08-26 | Respondent's factum, (Book Form), Completed on: 2020-08-26, (Printed version filed on 2020-08-27) | G.F. |
| 2020-08-25 |
Appeal hearing scheduled, 2020-10-14, In order for the appeal to proceed on October 14, 2020, the filing schedule for outstanding material will be as follows: a) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before August 12, 2020. EXTENDED TO AUGUST 26, As per deputy registrar letter Judgment reserved |
|
| 2020-08-24 | Correspondence (sent by the Court) to, Respondents,from Deputy Registrar, Re: extension of time for respondent's factum | |
| 2020-08-21 | Correspondence received from, Appellant by email, Re: will not be filing a reply factum | Her Majesty the Queen |
| 2020-08-18 | Intervener's factum, (Book Form), Completed on: 2020-08-18, (Printed version filed on 2020-08-18) | Criminal Lawyers' Association of Ontario |
| 2020-07-14 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent by email to all parties on July 15, 2020) | |
| 2020-07-08 | Order on motion for leave to intervene, by Justice Abella (sent to parties by email) | |
| 2020-07-08 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATION by Criminal Lawyers’ Association of Ontario for leave to intervene 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 factum not to exceed ten (10) pages in length on or before August 19, 2020. The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. The appellant is permitted to file a reply factum not to exceed five (5) pages in length on or before August 26, 2020. Any persons wishing to intervene in this appeal must serve and file a motion for leave to intervene on or before July 15, 2020. Any further intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada must also serve and file its respective factum, not to exceed ten (10) pages, and book of authorities, if any, on or before August 19, 2020. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and the respondent any additional disbursements resulting from their intervention. Granted |
|
| 2020-07-08 | Submission of motion for leave to intervene, Abe | |
| 2020-05-28 | Response to the motion for leave to intervene, Completed on: 2020-06-02, (Printed version due on 2020-06-04) | Her Majesty the Queen |
| 2020-05-21 | Motion for leave to intervene, (Book Form), filing fee to be collected when possible, Incomplete | Criminal Lawyers' Association of Ontario |
| 2020-05-21 | Notice of name | Criminal Lawyers' Association of Ontario |
| 2020-04-14 | Certificate (on limitations to public access), (Letter Form), 23B - Record | Her Majesty the Queen |
| 2020-04-14 | Certificate of counsel (attesting to record), (Letter Form) | Her Majesty the Queen |
| 2020-04-14 | Appellant's record, (Book Form), (8 volumes), Completed on: 2020-04-14, (Printed version filed on 2020-08-26) | Her Majesty the Queen |
| 2020-04-14 | Certificate (on limitations to public access), (Letter Form), 23B - Factum | Her Majesty the Queen |
| 2020-04-14 | Appellant's factum, (Book Form), Completed on: 2020-04-14, (Printed version filed on 2020-08-26) | Her Majesty the Queen |
| 2020-02-07 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2020-02-07 | Notice of appeal, (Letter Form), Completed on: 2020-02-07 | Her Majesty the Queen |
| 2020-01-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-01-10 | Judgment on leave sent to the parties | |
| 2020-01-09 |
Judgment of the Court on the application for leave to appeal, The motion to join two Court of Appeal for Ontario files in a single application for leave to appeal is granted. The motion for an extension of time to serve and file the response to the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C65125 and C65126, 2019 ONCA 493, dated June 14, 2019, is granted. The schedule for serving and filing materials will be set by the Registrar. Granted |
|
| 2020-01-09 |
Decision on motion to extend time, See judgment on application. Granted |
|
| 2020-01-09 |
Decision on the miscellaneous motion, See judgment on application. Granted |
|
| 2019-11-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-11-25 | Submission of motion to extend time, for consideration by the Court | |
| 2019-11-25 | Submission of miscellaneous motion, for consideration by the Court | |
| 2019-11-12 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2019-11-12 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-11-12 | Her Majesty the Queen |
| 2019-11-01 | Certificate (on limitations to public access), (Letter Form), 23B | G.F. |
| 2019-11-01 | Certificate (on limitations to public access), (Letter Form), 23A - Amended form 23A required | G.F. |
| 2019-11-01 | Motion to extend time, (Letter Form), Missing : Filing Fee, Incomplete | G.F. |
| 2019-11-01 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-11-01 | G.F. |
| 2019-09-25 | Correspondence received from, (Letter Form), Consent to the motion to join. | G.F. |
| 2019-09-25 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2019-09-25 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2019-09-25 | Correspondence received from, (Letter Form), RE: Motion to Join | Her Majesty the Queen |
| 2019-09-25 |
Notice of miscellaneous motion, (Book Form), Motion to Join. , Completed on: 2019-11-27 |
Her Majesty the Queen |
| 2019-09-24 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2019/09/24 | |
| 2019-09-13 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2019-09-13 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2019-09-13 | Application for leave to appeal, (Book Form), Motion to Join required (rec' 09/25/19), Completed on: 2019-10-23 | 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 |
|---|---|---|
| G.F. | Respondent | Active |
| R.B. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Criminal Lawyers' Association of Ontario | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Crown Law Office Criminal, 10th Flr.
720 Bay Street
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: philippe.cowle@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
Party: G.F.
Counsel
Riaz Sayani
30 St. Clair Avenue West
Suite 103
Toronto, Ontario
M4V 3A1
Telephone: (416) 847-2560
FAX: (416) 847-2564
Email: acraig@lcp-law.com
Agent
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: R.B.
Counsel
Riaz Sayani
30 St. Clair Avenue West
Suite 103
Toronto, Ontario
M4V 3A1
Telephone: (416) 847-2560
FAX: (416) 847-2564
Email: acraig@lcp-law.com
Agent
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Criminal Lawyers' Association of Ontario
Counsel
Chris Rudnicki
10226 104 St.
4th floor
Edmonton, Alberta
T5J 1B8
Telephone: (780) 421-7001
FAX: (780) 421-7031
Email: psankoff@bottoslaw.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Criminal law - Appeals - Powers of the Court of Appeal - Whether this Court’s decision in R. v. Mian, 2014 SCC 54, [2014] 2 S.C.R. 689 is intended to permit appellate courts to decide cases based on issues not raised by the parties, and without giving notice or an opportunity to respond, as long as those issues are not “new issues” - Whether the rules of natural justice require that the parties receive notice and the opportunity to respond to all important issues - Whether the Court of Appeal erred in finding the trial judge’s reasons were deficient - In the alternative, did the Court of Appeal err in failing to apply the curative proviso to correct any errors in the trial judge’s reasons?
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.
(PUBLICATION BAN IN CASE) (SEALING ORDER)
During a long weekend, the complainant and her family attended a camping trip with the respondents. One night, the complainant slept in the respondents’ trailer. The complainant had consumed alcohol and later vomited. The complainant testified that she woke up to one of the respondents pulling down her pants and that both respondents engaged her in sexual activity. The respondents were convicted of sexual assault. The Court of Appeal allowed the appeals against conviction, set aside the convictions, and ordered new trials.
Lower court rulings
Ontario Superior Court of Justice
C64464, C64233
Respondents convicted of sexual assault
Court of Appeal for Ontario
C65125,C65126, 2019 ONCA 493
Appeals against convictions allowed; convictions set aside; new trials ordered
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
Not available
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
Not available