Case information
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40095
His Majesty the King v. Christopher James Kruk
(British Columbia) (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) |
|---|---|---|
| 2025-01-23 | Appeal closed | |
| 2024-03-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2024-03-08 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2024-03-08 |
Judgment on the appeal rendered, CJ Côt Row Mar Kas Ja Ob, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA47187, 2022 BCCA 18, dated January 20, 2022, heard on May 18, 2023, is allowed. The order of the Court of Appeal is set aside and the respondent’s conviction is restored. Allowed |
|
| 2023-06-01 | Transcript received, 149 pages | |
| 2023-05-18 | Judgment reserved OR rendered with reasons to follow | |
| 2023-05-18 |
Hearing of the appeal, 2023-05-18, CJ Côt Row Mar Kas Ja Ob Judgment reserved |
|
| 2023-05-18 | General proceeding, Case sensitivity questionnaire | Christopher James Kruk |
| 2023-05-18 | General proceeding, Case sensitivity questionnaire | His Majesty the King |
| 2023-05-16 | Certificate (on limitations to public access), 23B | Christopher James Kruk |
| 2023-05-16 | Respondent's condensed book, (Book Form), (Printed version due on 2023-05-24) | Christopher James Kruk |
| 2023-05-16 | Certificate (on limitations to public access), Form 23B, (Printed version due on 2023-05-24) | His Majesty the King |
| 2023-05-16 | Appellant's condensed book, (Book Form) | His Majesty the King |
| 2023-05-05 | Notice of appearance, Breana Vandebeek will appear before the court via Zoom and make the oral argument. | Criminal Lawyers' Association (Ontario) |
| 2023-05-02 | Notice of appearance, Brent R. Anderson and Christopher Johnson, K.C. will appear before the Court. Brent R. Anderson will present oral argument. | Christopher James Kruk |
| 2023-04-27 | Notice of appearance, Gregory P. Delbigio K.C. and Daniel J. Song, K.C. will appear before the Court virtually. Gregory P. Delbigio K.C. will present oral argument. | Independent Criminal Defence Advocacy Society |
| 2023-04-25 | Notice of appearance, Susanne Elliott (in-person) and Lauren Chu (virtually) will appear before the Court. Susanne Elliott will be presenting oral submissions. | His Majesty the King |
| 2023-04-25 |
Notice of appearance, Mr. Mark Iyengar and Benjamin Reedijk will appear before the Court and Mr. Iyengar will present oral argument. |
Trial Lawyers Association of British Columbia |
| 2023-02-22 | Intervener's factum, (Book Form), Completed on: 2023-03-03, (Printed version filed on 2023-02-22) | Trial Lawyers Association of British Columbia |
| 2023-02-22 | Intervener's book of authorities, (Book Form), Completed on: 2023-03-03, (Printed version filed on 2023-02-23) | Trial Lawyers Association of British Columbia |
| 2023-02-06 | Intervener's factum, (Book Form), Completed on: 2023-02-23, (Printed version filed on 2023-02-07) | Criminal Lawyers' Association (Ontario) |
| 2023-02-06 | Intervener's book of authorities, (Book Form), Completed on: 2023-02-23, (Printed version filed on 2023-02-07) | Criminal Lawyers' Association (Ontario) |
| 2023-02-06 | Intervener's factum, (Book Form), Completed on: 2023-02-23, (Printed version filed on 2023-02-07) | Independent Criminal Defence Advocacy Society |
| 2023-02-06 | Intervener's book of authorities, (Book Form), Completed on: 2023-02-07, (Printed version filed on 2023-02-07) | Independent Criminal Defence Advocacy Society |
| 2023-01-24 | Notice of hearing sent to parties, (sent by email) | |
| 2023-01-24 |
Appeal hearing scheduled, 2023-05-18 Judgment reserved |
|
| 2023-01-11 | Order on motion for leave to intervene, by Justice O'Bonsawin (sent to parties by email) | |
| 2023-01-11 |
Decision on the motion for leave to intervene, Ob, UPON APPLICATION by the Trial Lawyers’ Association of British Columbia for an extension of time to serve and file a motion for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time is granted. The motion for leave to intervene is granted and the intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before February 22, 2023. The intervener is granted permission to present oral arguments 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. 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 |
|
| 2023-01-11 |
Decision on motion to extend time, Ob Granted |
|
| 2023-01-11 | Submission of motion for leave to intervene, Ob | |
| 2023-01-11 | Submission of motion to extend time, Ob | |
| 2022-12-30 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent by email) | |
| 2022-12-20 | Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Completed on: 2022-12-20 | Christopher James Kruk |
| 2022-12-20 | Response to the motion for leave to intervene, (Letter Form), to TLABC, Completed on: 2022-12-20 | Christopher James Kruk |
| 2022-12-19 | Certificate (on limitations to public access), (Letter Form), 23B-Factum, (Printed version due on 2022-12-28) | Christopher James Kruk |
| 2022-12-19 | Respondent's factum, (Book Form), MISSING: Service on the Interveners-rec'd 2022/12/29, Completed on: 2022-12-29, (Printed version due on 2022-12-28) | Christopher James Kruk |
| 2022-12-13 | Notice of name | Trial Lawyers Association of British Columbia |
| 2022-12-13 | Motion to extend time, (Book Form), (Included in the motion for leave to intervene), to serve and file a motion for leave to intervene, Completed on: 2022-12-14 | Trial Lawyers Association of British Columbia |
| 2022-12-13 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete |
Trial Lawyers Association of British Columbia |
| 2022-12-13 | Order on motion for leave to intervene, by Justice O'Bonsawin (sent to parties by email) | |
| 2022-12-13 |
Decision on the motion for leave to intervene, Ob, UPON APPLICATION by the Criminal Lawyers’ Association (Ontario) and the Independent Criminal Defence Advocacy Society for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and the two (2) interveners shall each be entitled to serve and file a single factum not to exceed ten (10) pages in length on or before February 6, 2023. The interveners are each granted permission to present oral arguments not exceeding five (5) minutes each at the hearing of the appeal. The interveners are 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 interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions. Granted |
|
| 2022-12-13 | Submission of motion for leave to intervene, (2 motions), Ob | |
| 2022-11-28 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-12-01 | Christopher James Kruk |
| 2022-11-28 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-12-01 | His Majesty the King |
| 2022-11-18 | Notice of name | Criminal Lawyers' Association (Ontario) |
| 2022-11-18 | Motion for leave to intervene, (Book Form), MISSING: Filing Fee (rec' 11/28/22), Completed on: 2022-12-12, (Printed version filed on 2022-11-21) | Criminal Lawyers' Association (Ontario) |
| 2022-11-18 | Notice of name, (Letter Form), (Printed version filed on 2022-11-23) | Independent Criminal Defence Advocacy Society |
| 2022-11-18 | Intervener's book of authorities, (Book Form), Completed on: 2022-11-18, (Printed version filed on 2022-11-23) | Independent Criminal Defence Advocacy Society |
| 2022-11-18 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2022-11-23) |
Independent Criminal Defence Advocacy Society |
| 2022-11-10 | Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2022-11-18) | His Majesty the King |
| 2022-10-24 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version due on 2022-10-31) | His Majesty the King |
| 2022-10-24 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-10-31) | His Majesty the King |
| 2022-10-24 | Appellant's record, (Book Form), (2 volumes), Certificate 24A missing, Incomplete, (Printed version filed on 2022-10-24) | His Majesty the King |
| 2022-10-24 | Appellant's factum, (Book Form), Completed on: 2022-11-09, (Printed version filed on 2022-10-24) | His Majesty the King |
| 2022-10-17 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2022-08-29 | Certificate (on limitations to public access), (Letter Form), 23B-Notice of Appeal, (Printed version due on 2022-09-06) | His Majesty the King |
| 2022-08-29 | Notice of appeal, (Letter Form), Completed on: 2022-09-01, (Printed version filed on 2022-08-30) | His Majesty the King |
| 2022-07-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-07-28 | Judgment on leave sent to the parties | |
| 2022-07-28 |
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 British Columbia (Vancouver), Number CA47187, 2022 BCCA 18, dated January 20, 2022, is granted. Granted |
|
| 2022-06-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-05-19 | Certificate (on limitations to public access), (Letter Form), 23B | Christopher James Kruk |
| 2022-05-19 | Certificate (on limitations to public access), (Letter Form), 23A | Christopher James Kruk |
| 2022-05-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-06-06, (Printed version filed on 2022-05-19) | Christopher James Kruk |
| 2022-04-22 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-04-22 | |
| 2022-03-21 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2022-03-28) | His Majesty the King |
| 2022-03-21 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2022-03-28) | His Majesty the King |
| 2022-03-21 |
Application for leave to appeal, (Book Form), Required: TC Order - Rec'd 2022-04-26, Completed on: 2022-06-06, (Printed version filed on 2022-03-21) |
His Majesty the King |
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 |
|---|---|---|
| His Majesty the King | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kruk, Christopher James | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Independent Criminal Defence Advocacy Society | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| Trial Lawyers Association of British Columbia | Intervener | Active |
Counsel
Party: His Majesty the King
Counsel
Lauren Chu
Christie Lusk
Criminal Appeals and Special Prosecutions
600 - 865 Hornby Street, 6th Floor
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1135
FAX: (604) 669-1133
Email: susanne.elliott@gov.bc.ca
Agent
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Kruk, Christopher James
Counsel
601 – 325 Howe Street
Vancouver, British Columbia
V6C 1Z7
Telephone: (604) 688-8338
FAX: (604) 688-8356
Email: brent@johnsondoyle.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Independent Criminal Defence Advocacy Society
Counsel
Daniel J. Song, K.C.
355 Burrard Street
Suite 1720
Vancouver, British Columbia
v6c 2g8
Telephone: (604) 669-7447
FAX: (604) 259-6171
Email: greg@gregdelbigio.com
Party: Criminal Lawyers' Association (Ontario)
Counsel
36 Lombard Street, Suite 100
Toronto, Ontario
M5C 2X3
Telephone: (647) 973-5402
FAX: (416) 598-3384
Email: breana@gvlaw.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Trial Lawyers Association of British Columbia
Counsel
610-744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: miyengar@peckandcompany.ca
Agent
1500-45 O’Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-1537
FAX: (613) 230-5459
Email: jean-simon.schoenholz@nortonrosefulbright.com
Summary
Keywords
Criminal law — Trial — Judgments — Sexual assault — Whether the Court of Appeal erred in concluding that the trial judge relied on speculative reasoning in accepting the complainant’s evidence — Whether there was no merit to the respondent’s alternate argument regarding alleged misapprehensions of evidence, and the appropriate remedy was to restore the conviction.<br>
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)
The complainant was intoxicated, and eventually passed out or fell asleep in the respondent’s bedroom. She testified that she woke up to find the respondent on top of her with his penis inside her vagina. The respondent denied having sex with the complainant. The respondent was convicted of sexual assault. The Court of Appeal allowed the respondent’s appeal, set aside the conviction, and ordered a new trial.
Lower court rulings
Conviction entered: sexual assault
Appeal allowed: conviction set aside, new trial 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