Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40020
Justin Primmer v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
(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) |
|---|---|---|
| 2022-05-04 | Close file on Leave | |
| 2022-04-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-04-28 | Judgment on leave sent to the parties | |
| 2022-04-28 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C66032, 2021 ONCA 564, dated August 10, 2021 is dismissed. Dismissed |
|
| 2022-04-28 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Granted |
|
| 2022-03-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-03-07 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-02-03 | Certificate (on limitations to public access), (Letter Form), 23B - Reply, (Printed version filed on 2022-02-04) | Justin Primmer |
| 2022-02-03 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-02-28, (Printed version filed on 2022-02-04) | Justin Primmer |
| 2022-01-25 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-01-28) | Her Majesty the Queen |
| 2022-01-25 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-01-28) | Her Majesty the Queen |
| 2022-01-25 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2022-02-28, (Printed version filed on 2022-01-28) | Her Majesty the Queen |
| 2022-01-25 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-02-28, (Printed version filed on 2022-01-28) | Her Majesty the Queen |
| 2021-12-31 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-12-31 | |
| 2021-12-30 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2021-12-30 | Justin Primmer |
| 2021-12-30 | Certificate (on limitations to public access), (Letter Form), 23A-B, (Printed version filed on 2022-01-04) | Justin Primmer |
| 2021-12-30 | Application for leave to appeal, (Book Form), PUBLICATION BAN, Completed on: 2021-12-30, (Printed version filed on 2022-01-04) | Justin Primmer |
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 |
|---|---|---|
| Primmer, Justin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Primmer, Justin
Counsel
Myles Anevich
238 King Street East
Toronto, Ontario
M5A 1K1
Telephone: (416) 975-1700
FAX: (416) 925-8882
Email: rlitkowski@hicksadams.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: jennifer.epstein@ontario.ca
Summary
Keywords
Criminal law — Evidence — Use of prior consistent statements — Sentencing — Expert evidence in dangerous offender proceedings — Whether trial judge erred by relying on complainant’s prior consistent statements to corroborate her testimony — Whether Court of Appeal erred in reviewing trial judge’s evaluation of expert evidence in dangerous offender hearing — Whether Court of Appeal erred in reviewing trial judge’s assessment of experts’ use of actuarial data and group studies in respect of concept of burnout.
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)
A complainant did not disclose assaults to family, friends or police. When contacted by the police and the Children’s Aid Society, she repeatedly denied that she had been assaulted. At trial, she admitted having lied and she described assaults by Mr. Primmer. Witnesses testified that the complainant eventually made prior consistent statements alleging Mr. Primmer assaulted her. Mr. Primmer was convicted for assault, aggravated assault, assault causing bodily harm and uttering threats to property. He was declared a dangerous offender. An indeterminate sentence was ordered. The Court of Appeal dismissed an appeal from the convictions and sentence.
Lower court rulings
Ontario Superior Court of Justice
C66032
Convictions for assault, aggravated assault, assault causing bodily harm, uttering threats to property
Ontario Superior Court of Justice
2017 ONSC 2953, C66032
Dangerous offender designation and indeterminate sentence
Court of Appeal for Ontario
2021 ONCA 564, C66032
Appeal from convictions and sentence dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted 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 the memorandum 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 memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
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
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available