Case information
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40701
Emanuel Lozada v. His Majesty the King
(Ontario) (Criminal) (As of Right)
(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) |
|---|---|---|
| 2024-12-11 | Appeal closed | |
| 2024-05-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2024-05-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2024-05-17 |
Judgment on the appeal rendered, Ka Row Mar Ja Mor, The appeal from the judgment of the Court of Appeal for Ontario, Number C67982, 2023 ONCA 221, dated March 31, 2023, heard on February 13, 2024, is dismissed. Rowe and Jamal JJ. dissent. Dismissed |
|
| 2024-02-29 |
Transcript received, Joint with 40709 59 pages |
|
| 2024-02-13 | Judgment reserved OR rendered with reasons to follow | |
| 2024-02-13 | Hearing of the appeal, 2024-02-13, Ka Row Mar Ja Mor | |
| 2024-02-13 | General proceeding, (Letter Form), Case sensitivity questionnaire;, (Printed version filed on 2024-02-13) | His Majesty the King |
| 2024-02-13 | General proceeding, (Letter Form), Case sensitivity questionnaire;, (Printed version filed on 2024-02-13) | Emanuel Lozada |
| 2024-02-09 | Certificate (on limitations to public access), (Letter Form), 23B-Condensed Book | Emanuel Lozada |
| 2024-02-09 | Appellant's condensed book, (Book Form), Joint with 40709, (Printed version due on 2024-02-16) | Emanuel Lozada |
| 2024-02-08 |
Respondent's condensed book, (Book Form), Joint with 40709 Proof of service missing, (Printed version due on 2024-02-15) |
His Majesty the King |
| 2024-01-17 |
Notice of appearance, Jennifer Trehearne, Jennifer Epstein, and Samuel Greene will appear before the Court. Jennifer Trehearne will present oral argument. |
His Majesty the King |
| 2024-01-08 | Notice of appearance, (Letter Form), (Printed version due on 2024-01-15) | Emanuel Lozada |
| 2023-12-11 | Order on motion to appoint counsel, by Justice O'Bonsawin (sent by email to all parties) | |
| 2023-12-11 |
Decision on motion to appoint counsel, Ob, UPON MOTION by the appellant for an order appointing counsel, under s. 694.1 of the Criminal Code; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted; Nader R. Hasan and Spencer Bass are appointed as counsel for the appellant, under s. 694.1(1) of the Criminal Code, for the purpose of the appeal; and The fees and disbursements of Nader R. Hasan and Spencer Bass shall be paid by the Attorney General of Ontario, in accordance with s. 694.1 (2) amd (3) of the Criminal Code. Granted |
|
| 2023-12-11 | Submission of motion to appoint counsel, Ob | |
| 2023-11-27 | Certificate (on limitations to public access), (Letter Form), 23A-B, (Printed version filed on 2023-11-29) | His Majesty the King |
| 2023-11-27 | Response to motion to appoint counsel, (Book Form), Completed on: 2023-11-28, (Printed version filed on 2023-11-29) | His Majesty the King |
| 2023-11-16 | Certificate (on limitations to public access), (Letter Form), 23B - Motion to Appoint Counsel, (Printed version filed on 2023-11-20) | Emanuel Lozada |
| 2023-11-16 | Motion to appoint counsel, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2023-11-20) | Emanuel Lozada |
| 2023-10-31 | Notice of hearing sent to parties | |
| 2023-10-31 | Appeal hearing scheduled, 2024-02-13 | |
| 2023-10-06 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2023-09-05 |
Order on motion to extend time, (Joint with 40709) by Justice Kasirer (sent to parties by email) |
|
| 2023-09-05 |
Decision on motion to extend time, Kas, UPON APPLICATION by the appellants for an order to extend the time to file their joint record to June 28, 2023, in the above matter; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2023-09-05 | Submission of motion to extend time, Kas | |
| 2023-09-01 | Certificate (on limitations to public access), (Letter Form), 23B for Reply Factum , (Printed version filed on 2023-09-05) | Emanuel Lozada |
| 2023-09-01 | Reply factum on appeal, (Book Form), Completed on: 2023-09-06, (Printed version filed on 2023-09-05) | Emanuel Lozada |
| 2023-08-28 | Certificate (on limitations to public access), Amended 23B for appellants record | Emanuel Lozada |
| 2023-08-22 |
Certificate (on limitations to public access), (Letter Form), 23B - Motion for Extension of Time to file the appellants' joint record. , (Printed version due on 2023-08-29) |
Emanuel Lozada |
| 2023-08-22 |
Motion to extend time, (Book Form), To file the appellants' joint record. Joint with 40709. , Completed on: 2024-04-24, (Printed version filed on 2023-08-24) |
Emanuel Lozada |
| 2023-08-21 | Respondent's factum, (Book Form), Amended factum filed 01/17/2024, Completed on: 2023-08-21, (Printed version filed on 2023-08-24) | His Majesty the King |
| 2023-08-17 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2023-08-24) | His Majesty the King |
| 2023-08-17 | Certificate (on limitations to public access), (Book Form), 23A, (Printed version filed on 2023-08-24) | His Majesty the King |
| 2023-08-14 |
Respondent's record, (Book Form), CD TAB 1: Video from Four Seasons TAB 2: PDF of Video from Opera House and Four Seasons TAB 4: Post Mortem Photo's Missing 23A & 23B (rec'd 2023-08-17), Completed on: 2023-08-17, (Electronic version filed on 2023-08-14) |
His Majesty the King |
| 2023-06-28 |
Appellant's record, (Book Form), (24 volumes), Joint with 40709 Publication Ban CD Rec'd amended version of volume XI on 2023-08-14 Rec'd amended version of volume XVI on 2023-08-15, Completed on: 2023-07-07, (Electronic version filed on 2023-07-05) |
Emanuel Lozada |
| 2023-06-28 | Certificate (on limitations to public access), Amended Form 23B, (Printed version due on 2023-07-06) | Emanuel Lozada |
| 2023-06-26 | Certificate of counsel (attesting to record), (Letter Form), Certificate 24, (Printed version due on 2023-07-04) | Emanuel Lozada |
| 2023-06-26 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2023-07-04) | Emanuel Lozada |
| 2023-06-26 |
Appellant's factum, (Book Form), Joint Factum with 40709 , Completed on: 2023-06-28, (Printed version filed on 2023-06-28) |
Emanuel Lozada |
| 2023-05-03 | Letter acknowledging receipt of a notice of appeal, File opened May 3rd 2023 | |
| 2023-05-03 | Certificate (on limitations to public access), Form 23B, (Printed version due on 2023-05-10) | Emanuel Lozada |
| 2023-05-03 | Certificate (on limitations to public access), Form 23A, (Printed version due on 2023-05-10) | Emanuel Lozada |
| 2023-05-01 | Notice of appeal, Completed on: 2023-05-01, (Printed version filed on 2023-05-02) | Emanuel Lozada |
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 |
|---|---|---|
| Lozada, Emanuel | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Lozada, Emanuel
Counsel
Spencer Bass
77 King Street West, Suite 4130
Toronto-Dominion Centre, TD North Tower
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-1668
FAX: (416) 593-9345
Email: naderh@stockwoods.ca
Agent
50, rue O'Connor, bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@juristespower.ca
Party: His Majesty the King
Counsel
Jennifer Epstein
Samuel Greene
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 212-0893
FAX: (416) 326-4656
Email: Jennifer.trehearne@ontario.ca
Summary
Keywords
Criminal law — Charge to jury — Co-principal liability — Law of causation — Whether the trial judge erred by misdirecting the jury with respect to the “causation” element of unlawful act manslaughter — Whether the doctrine of “intervening act” applies in the context of a group assault — Criminal Code, s. 21(1)(a)<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 appellant, Emanuel Lozada, along with other individuals, participated in two fights, the second of which resulted in the fatal stabbing of the victim. At the appellant’s trial for manslaughter, the Crown argued that the appellant was liable for manslaughter either as a co-principal with the man alleged to have stabbed the victim, or as an aider and abettor of the stabber. The jury found the appellant guilty. The appellant appealed the manslaughter conviction. He alleged, among other grounds of appeal, that the trial judge erred in his instructions to the jury on the law of causation with respect to co-principal liability. The majority of the Court of Appeal for Ontario dismissed the appeal. It concluded that read as a whole, the jury instructions accurately put the law of causation as it applied to the appellant. Paciocco J.A., dissenting, would have allowed the appeal, set aside the conviction and ordered a new trial. He found that the trial judge twice misdirected jurors by understating the standard of “reasonable foreseeability” they could use in determining whether the appellant’s unlawful act amounted to a “significant contributing cause” of the victim’s death.
Lower court rulings
Ontario Superior Court of Justice
C67982
Appellant found guilty of manslaughter.
Appeal dismissed.
Memorandums of argument on application for leave to appeal
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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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