Docket

40095

His Majesty the King v. Christopher James Kruk

(British Columbia) (Criminal) (By Leave)

(Publication ban in case)

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

Proceedings
Date Proceeding Filed By
(if applicable)
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