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.
39242
Xiao Len Lu v. Her Majesty the Queen
(Quebec) (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) |
|---|---|---|
| 2021-03-05 | Close file on Leave | |
| 2021-01-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-01-15 | Judgment on leave sent to the parties | |
| 2021-01-14 |
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 of Quebec (Montreal), Number 500-10-006912-180, 2020 QCCA 625, dated May 1, 2020, is dismissed. Dismissed |
|
| 2020-12-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-09-16 | Notice of change of solicitor, (Letter Form), Isabelle Bouchard is now agent for the respondent. | Her Majesty the Queen |
| 2020-08-24 | Certificate (on limitations to public access), (Letter Form), Amended certificate required-rec'd 2020/08/27, (Printed version filed on 2021-06-10) | Her Majesty the Queen |
| 2020-08-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-08-24, (Printed version filed on 2021-06-10) | Her Majesty the Queen |
| 2020-07-10 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2020/07/10 | |
| 2020-06-30 | Certificate (on limitations to public access), (Letter Form) | Xiao Len Lu |
| 2020-06-30 | Application for leave to appeal, (Book Form), Completed on: 2020-06-30 | Xiao Len Lu |
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 |
|---|---|---|
| Lu, Xiao Len | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Lu, Xiao Len
Counsel
Francis Villeneuve Ménard
625 boul René-Lévesque Ouest
Bureau 700
Montréal, Quebec
H3B 1R2
Telephone: (514) 868-9090
FAX: (514) 868-9009
Email: ischurman@sgslegal.ca
Party: Her Majesty the Queen
Counsel
Alice Bourbonnais-Rougeau
Bureau de la grande criminalité
393, rue Saint-Jacques, bureau 600
Montréal, Quebec
H2Y 1N9
Telephone: (514) 873-3856 Ext: 53775
FAX: (514) 904-4130
Email: magalie.cimon@dpcp.gouv.qc.ca
Agent
17, rue Laurier
Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60442
FAX: (819) 772-3986
Email: isabelle.bouchard@dpcp.gouv.qc.ca
Summary
Keywords
Charter of Rights — Right to an interpreter — Criminal law — Reasonable verdict — Whether manner in which witness uses services of interpreter can be relied on as factor in assessing his or her credibility — Whether Court of Appeal erred in law in finding that guilty verdict entered at trial on count of fraud was reasonable — Canadian Charter of Rights and Freedoms, s. 14.
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 respondent Crown alleged that the applicant, Ms. Lu, had committed fraud over $5,000 on the government and had conspired with one Ms. Zhao to commit that fraud. The offences were connected with the purchase of a daycare centre involving Ms. Zhao.
The Court of Québec found that Ms. Zhao had, at Ms. Lu’s request, served as a prête nom for the purchase of the daycare centre and that the prosecution had shown that Ms. Lu had intentionally participated in a scheme to deceive the government, a scheme that had in fact caused it economic loss. Ms. Lu was convicted of the fraud and conspiracy charges laid against her. The Court of Appeal unanimously allowed the appeal in part, set aside the conviction on the count of conspiracy and dismissed the appeal on the count of fraud. It found that the judge had not erred in assessing Ms. Lu’s credibility and that the guilty verdict on the count of fraud was reasonable in light of the evidence.
Lower court rulings
Court of Quebec
505-01-135143-168
Applicant convicted of fraud and conspiracy
Court of Appeal of Quebec (Montréal)
2020 QCCA 625, 500-10-006912-180
Appeal allowed in part and conviction on count of conspiracy set aside
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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