Docket

40701

Emanuel Lozada v. His Majesty the King

(Ontario) (Criminal) (As of Right)

(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)
2024-05-17 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