David Ajise v. Her Majesty the Queen

(Ontario) (Criminal) (As of Right)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Date Proceeding Filed By
(if applicable)
2018-12-05 Appeal closed
2018-11-28 Transcript received, 33 pages
2018-11-26 Formal judgment sent to the registrar of the court of appeal and all parties
2018-11-26 Judgment on appeal and notice of deposit of judgment sent to all parties
2018-11-16 Judgment on the appeal rendered, Abe Ka Côt Br Row,
The appeal from the judgment of the Court of Appeal for Ontario, Number C57589, 2018 ONCA 494, dated May 30, 2018, was heard on November 16, 2018, and the Court on that day delivered the following judgment orally:

ROWE J. — We are all of the view that the appeal should be dismissed. We would adopt what Justice Sharpe set out in para. 32 of the Court of Appeal decision:

. . . assuming that resort to the [curative] proviso is required in this case, it is my view that the substance of the proviso point was raised. In her submissions before this court, Crown counsel placed considerable reliance upon the argument that the defence effectively conceded at trial that the donation claims were fraudulent and instead relied entirely on the appellant’s claim that he lacked knowledge of the fraud. On this basis, the Crown argued that even if the impugned evidence amounted to opinion evidence, it did not go to the only live issue at trial. The Crown also noted that Maraj’s impugned statements comprised a small portion of the evidence advanced during a multi-day trial, and were admitted without objection by defence counsel. In my view, these lines of argument amounted in substance to a submission that even if there was an error in admitting the evidence or in failing to conduct a voir dire, no substantial wrong or miscarriage of justice had occurred and the appeal should be dismissed on that account.

Given that there was no miscarriage of justice, the curative proviso was properly relied on in this case.
Dismissed, no order as to costs
2018-11-16 Hearing of the appeal, 2018-11-16, Abe Ka Côt Br Row
Judgment rendered
2018-11-16 Respondent's condensed book, (Book Form), 14 copies (Submitted in Court) Her Majesty the Queen
2018-11-16 Appellant's condensed book, (Book Form), 14 copies (Submitted in Court) David Ajise
2018-11-14 Correspondence received from, (Letter Form), Additional authority will be included in condensed book. David Ajise
2018-11-06 Notice of appearance, (Letter Form), Kevin Wilson and Xenia Proestos will be present at the hearing. Mr. Wilson will present oral arguments. Her Majesty the Queen
2018-11-01 Notice of appearance, R. Craig Bottomley and Mayleah Quenneville will be present at the hearing. They will both present oral arguments. David Ajise
2018-10-09 Correspondence received from, (Letter Form), Appellant will be relying on a new authority, and it will be included in their condensed book. David Ajise
2018-10-01 Appeal perfected for hearing
2018-09-28 Certificate (on limitations to public access), (Letter Form) Her Majesty the Queen
2018-09-28 Respondent's factum, (Book Form), Completed on: 2018-09-28 Her Majesty the Queen
2018-08-28 Notice of hearing sent to parties
2018-08-27 Correspondence received from, (Letter Form), Appellant's Record Master Index David Ajise
2018-08-23 Correspondence received from, (Letter Form), Moira Dillon will act as agent for the Appellant. David Ajise
2018-08-20 Appeal hearing scheduled, 2018-11-16
Judgment rendered
2018-08-09 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2018-08-03 Appellant's record, (Book Form), (7 volumes), Part I filed separately, Parts II-IV filed electronically (21 volumes), Part V filed in 6 volumes.
28 volumes in total, Completed on: 2018-08-03
David Ajise
2018-08-03 Certificate of counsel (attesting to record), (Letter Form) David Ajise
2018-08-03 Appellant's factum, (Book Form), Completed on: 2018-08-03 David Ajise
2018-08-03 Correspondence received from, (Letter Form), Appellant will not be filing an application for leave to appeal in this matter. Appellant will not be filing authorities with his factum and record. David Ajise
2018-06-11 Letter acknowledging receipt of a notice of appeal
2018-06-08 Correspondence received from, (Letter Form), Mr. R. Craig Bottomley anticipates being counsel of Record before this Court for this matter, but will confirm at a later date. David Ajise
2018-06-08 Certificate (on limitations to public access), (Letter Form) David Ajise
2018-06-08 Notice of appeal, Completed on: 2018-06-08 David Ajise