Docket

40049

Ahmed Abdullahi v. His Majesty the King

(Ontario) (Criminal) (As of Right)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2023-08-11 Appeal closed
2023-07-14 Judgment on the appeal rendered, CJ Ka Côt Br Row Mar Kas Ja Ob, The appeal from the judgment of the Court of Appeal for Ontario, Number C61787, 2021 ONCA 82, dated February 8, 2021, heard on January 11, 2023, is allowed. The appellant’s conviction for participation in the activities of a criminal organization is set aside and a new trial is ordered on that count. Côté J. dissents.

* Brown J. did not participate in the final disposition of the judgment.

Allowed
2023-07-14 Formal judgment sent to the registrar of the court of appeal and all parties
2023-07-14 Judgment on appeal and notice of deposit of judgment sent to all parties
2023-01-25 Transcript received, 51 pages
2023-01-11 Judgment reserved OR rendered with reasons to follow
2023-01-11 Hearing of the appeal, 2023-01-11, CJ Ka Côt Br Row Mar Kas Ja Ob
2023-01-10 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2023-01-10) Ahmed Abdullahi
2023-01-10 Appellant's condensed book, (Book Form), (Printed version filed on 2023-01-10) Ahmed Abdullahi
2023-01-09 Certificate (on limitations to public access), 23B His Majesty the King
2023-01-09 Respondent's condensed book, (Book Form), (Printed version filed on 2023-01-09) His Majesty the King
2022-12-20 Notice of appearance, Emily Lam and Colleen McKeown will be appearing at the Court via Zoom and will present oral argument. Criminal Lawyers' Association of Ontario
2022-12-19 Notice of appearance, (Letter Form), Katie Doherty will be appearing at the Court via Zoom and will present oral argument. His Majesty the King
2022-11-01 Intervener's book of authorities, (Book Form), Completed on: 2022-11-15, (Printed version filed on 2022-11-02) Criminal Lawyers' Association of Ontario
2022-11-01 Intervener's factum, (Book Form), Completed on: 2022-11-15, (Printed version filed on 2022-11-02) Criminal Lawyers' Association of Ontario
2022-11-01 Notice of hearing sent to parties, (by email)
2022-11-01 Appeal hearing scheduled, 2023-01-11
2022-10-17 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2022-09-22 Certificate (on limitations to public access), 23A-Factum His Majesty the King
2022-09-22 Certificate of counsel (attesting to record), (Book Form), (Printed version filed on 2022-09-27) His Majesty the King
2022-09-22 Respondent's factum, (Book Form), Completed on: 2022-09-27, (Printed version filed on 2022-09-27) His Majesty the King
2022-09-20 Order on motion for leave to intervene, by CÔTÉ J.
2022-09-20 Decision on the motion for leave to intervene, Côt, UPON APPLICATION by the 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 one (1) intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before November 1st, 2022.

The said one (1) 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.

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
2022-09-20 Submission of motion for leave to intervene, Côt
2022-09-06 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-09-06 His Majesty the King
2022-08-26 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-08-29 Ahmed Abdullahi
2022-08-25 Notice of name, (Letter Form), (Printed version due on 2022-09-01) Criminal Lawyers' Association of Ontario
2022-08-25 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-08-25) Criminal Lawyers' Association of Ontario
2022-07-28 Certificate of counsel (attesting to record) Ahmed Abdullahi
2022-07-28 Appellant's record, (Book Form), FILED:
- Part I : electronic and paper copies
- Part II to IV: filed pursuant to Rule 38.1(1) - electronic copy ONLY, Completed on: 2022-08-04, (Printed version filed on 2022-07-29)
Ahmed Abdullahi
2022-07-28 Appellant's factum, (Book Form), Volumes 2-36 filed electronically only pursuant to Rule 38.1, Completed on: 2022-08-04, (Printed version filed on 2022-07-29) Ahmed Abdullahi
2022-06-02 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2022-06-02 Judgment on leave sent to the parties
2022-06-02 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 Ontario, Number C61787, 2021 ONCA 82, dated February 8, 2021, is dismissed.
Dismissed
2022-05-04 Correspondence (sent by the Court) to, Correspondence from the Registrar:

I acknowledge receipt of your correspondence, filed on April 21, 2022.

Pursuant to Rule 6(1) of the Rules of the Supreme Court of Canada, I have determined that the appellant may serve and file his factum, record and book of authorities, if any, within eight (8) weeks of the date of the judgment on the application for leave to appeal.

Should the application for leave to appeal be granted, the appellant shall be permitted to serve and file a single factum, addressing both the issue on the appeal as of right and the issues on the leave application.
2022-05-02 All materials on application for leave submitted to the Judges, for consideration by the Court
2022-04-21 Correspondence received from, (Letter Form), Counsel for the respondent supports the Applicant’s request, as it makes sense for the Applicant to file their materials once they know whether this will be an appeal only on the as of right issue, or also to include the issue raised in the leave application. , (Printed version due on 2022-04-28) His Majesty the King
2022-04-21 Correspondence received from, (Letter Form), In addition to the Appeal As of Right, counsel has also filed an Application for Leave to Appeal. Counsel requests that if Leave to Appeal is granted, that both appeals be heard at the same time. Additionally, counsel is requesting that if leave is granted that they be permitted to submit one factum and one application record on appeal for both issues, which would be filed 8 weeks after receiving the decision on the Application for Leave to Appeal. , (Printed version due on 2022-04-28) Ahmed Abdullahi
2022-04-20 Letter acknowledging receipt of a notice of appeal
2022-04-11 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-04-20) His Majesty the King
2022-04-11 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-04-20, (Printed version filed on 2022-04-13) His Majesty the King
2022-03-11 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-03-11
2022-03-11 Order on motion to extend the time to file and/or serve the leave application, by Justice Brown (joint with order on appeal) sent to parties electronically
2022-03-11 Order on motion to extend time to serve and/or file notice of appeal, by Justice Brown (with order on leave) sent to parties electronically
2022-03-11 Decision on motion to extend time to serve and/or file notice of appeal, Br, UPON APPLICATION by the appellant/applicant for an order to extend the time to serve and file the Notice of Appeal as of right and Application for leave to appeal to February 10, 2022, in the above matter;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is granted.

Granted
2022-03-11 Decision on motion to extend time to file and /or serve the leave application, Br
Granted
2022-03-11 Submission of motion to extend time to file and/ or serve the leave application, Br
2022-03-11 Submission of motion to extend time to serve and/or file notice of appeal submitted, Br
2022-03-01 Response to motion to extend time to serve and/or file notice of appeal, (Letter Form), (Included in the response to the motion to extend the time to file and / or serve the leave application), Completed on: 2022-03-02, (Printed version filed on 2022-03-07) His Majesty the King
2022-03-01 Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2022-03-02, (Printed version filed on 2022-03-07) His Majesty the King
2022-02-25 General proceeding, A FILE NUMBER HAS BEEN ASSIGNED AT THIS TIME FOR THE SOLE PURPOSE OF PREPARING AN ORDER RELATING TO THE MOTION FILED BY THE APPELLANT, AHMED ABDULLAHI Ahmed Abdullahi
2022-02-23 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the motion to extend the time to serve and/or file the notice of appeal), Completed on: 2022-02-25 Ahmed Abdullahi
2022-02-23 Motion to extend the time to serve and/or file the notice of appeal, (Book Form), Completed on: 2022-02-25, (Printed version filed on 2022-03-07) Ahmed Abdullahi
2022-02-10 Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), (Printed version due on 2022-02-17) Ahmed Abdullahi
2022-02-10 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-02-17) Ahmed Abdullahi
2022-02-10 Notice of appeal, (Letter Form), Required:
-Trial Court Order
- Signed Trial Court Reasons for judgment
- Signed Appeal Court reasons for judgment, Completed on: 2022-04-29, (Printed version filed on 2022-03-03)
Ahmed Abdullahi
2022-02-10 Application for leave to appeal, (Book Form), Required:
- Signed TC judgment (rec'd confirmation there is no signed TC Judgment 2022-03-14)
- TC order (rec'd confirmation there is no TC Order 2022-03-14)
- Signed CA judgment (rec'd 2022-03-14), Completed on: 2022-03-25, (Printed version filed on 2022-02-10)
Ahmed Abdullahi