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.
30791
T.C. v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2005-09-09 | Close file on Leave | |
| 2005-08-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-08-26 | Judgment on leave sent to the parties | |
| 2005-08-25 |
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 C38577, dated October 7, 2004, is dismissed. Dismissed |
|
| 2005-08-25 |
Decision on motion to extend time to file and /or serve the leave application, The application for an extension of time is granted. Granted |
|
| 2005-06-27 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2005-06-27 | Submission of motion to extend time to file and/ or serve the leave application, Ma F Abe | |
| 2005-03-17 | Respondent's response on the application for leave to appeal, Completed on: 2005-03-17 | Her Majesty the Queen |
| 2005-02-23 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-02-17 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the Application for leave to appeal., Completed on: 2005-02-17 | T.C. |
| 2005-02-17 | Application for leave to appeal, Completed on: 2005-02-17 | T.C. |
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 |
|---|---|---|
| T.C. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: T.C.
Counsel
238 King Street East
Toronto, Ontario
M5A 1K1
Telephone: (416) 975-1700
FAX: (416) 925-8882
Email: chicks@h-b-a.ca
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
Eliott Behar
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4616
FAX: (416) 326-4656
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
None.
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.
T.C. was convicted of sexual offences against his son and his stepdaughter. On appeal, the convictions in respect of his son were set aside and the convictions in respect of his stepdaughter were upheld. T.C.’s sentence of 56 months imprisonment was reduced on appeal to 40 months. Before trial, the son and stepdaughter were seized the by Children’s Aid Society and the stepdaughter was sent to a therapist who prepared a report in anticipation of child custody proceedings. At trial, T.C. sought to cross-examine his stepdaughter on the contents of the report but the trial judge would not allow the report into evidence. The Court of Appeal upheld that decision. Upon reviewing T.C.’s sentence, the Court of Appeal did not grant T.C. credit for a period of judicial interim release pending his appeal during which he was subject to strict conditions. The applicant challenges the decision not to allow him to cross-examine his stepdaughter on the contents of the therapist’s report and the failure to give him a two-for-one sentencing credit for the period of interim release.
Lower court rulings
Ontario Superior Court of Justice
9451/00
Applicant found guilty of two counts of sexual interference and two counts of sexual assault pursuant to ss. 151 and 271 of the Criminal Code; Applicant sentenced to 54 months imprisonment
Court of Appeal for Ontario
C38577
Appeal against convictions allowed in part, one conviction of sexual assault and one conviction of touching for a sexual purpose set aside; Sentence reduced to 40 months imprisonment
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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