Case information
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30949
Jaglal Roshan Seepersad v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-03-08 | Close file on Leave | |
| 2006-03-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-03-03 | Judgment on leave sent to the parties | |
| 2006-03-02 |
Judgment of the Court on the application for leave to appeal, The applicant's motion to add a new affidavit is dismissed. The application for an extension of time is granted and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C40989, dated May 11, 2005, is dismissed. Dismissed |
|
| 2006-03-02 |
Decision on motion to extend time to file and /or serve the leave application, See judgment above. Granted |
|
| 2006-03-02 |
Decision on the miscellaneous motion, See judgment above. Dismissed |
|
| 2006-03-01 | General proceeding, further materials | Jaglal Roshan Seepersad |
| 2006-02-23 | Order on motion to extend time | |
| 2006-02-23 |
Decision on motion to extend time, DeRg, to file the reply filed on Feb. 17/06 and further materials filed on Feb. 22/06 Granted |
|
| 2006-02-23 | Submission of motion to extend time, DeRg | |
| 2006-02-23 | Response to motion to extend time, (Letter Form), from Nadia Thomas dated Feb. 23/06, Completed on: 2006-02-23 | Her Majesty the Queen |
| 2006-02-22 | Supplemental document, (sent to the Court Feb. 24/06) | Jaglal Roshan Seepersad |
| 2006-02-17 | Motion to extend time, to file the applicant's reply (joint with the reply), Completed on: 2006-02-17 | Jaglal Roshan Seepersad |
| 2006-02-17 | Applicant's reply to respondent's argument, (extension of time included) (sent to the judges Feb. 24/06), Completed on: 2006-02-17 | Jaglal Roshan Seepersad |
| 2006-02-09 | Correspondence received from, Andrew M. Czernik dated Feb. 9/06 re: difficulty in filing the response materials | Jaglal Roshan Seepersad |
| 2006-02-03 | Correspondence received from, Andrew M. Czernik dated Feb. 3/06 re: wiil assist Mr. Seepersad and expect to file the applicant's reply by Feb. 10/06 | Jaglal Roshan Seepersad |
| 2006-01-30 | All materials on application for leave submitted to the Judges, De F Abe | |
| 2006-01-30 | Submission of miscellaneous motion, De F Abe | |
| 2006-01-30 | Submission of motion to extend time to file and/ or serve the leave application, De F Abe | |
| 2006-01-24 | Notice of miscellaneous motion, to file a new affidavit of Jaglal Seepersad, Completed on: 2006-01-24 | Jaglal Roshan Seepersad |
| 2005-12-29 | Response to the motion to extend the time to file and / or serve the leave application, (included in the response to leave), Completed on: 2005-12-29 | Her Majesty the Queen |
| 2005-12-29 | Respondent's response on the application for leave to appeal, (joint), Completed on: 2005-12-29 | Her Majesty the Queen |
| 2005-12-20 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-12-09 | Motion to extend the time to file and or serve the application for leave to appeal, to Dec. 5/05 (FURTHER extension), Completed on: 2005-12-09 | Jaglal Roshan Seepersad |
| 2005-12-05 | Supplemental document, order "in the matter of Raj Napal" | Jaglal Roshan Seepersad |
| 2005-12-05 | Application for leave to appeal, Completed on: 2005-12-09 | Jaglal Roshan Seepersad |
| 2005-11-18 | Reply to the motion to extend time to file and/ or serve the leave application, Completed on: 2005-11-18 | Jaglal Roshan Seepersad |
| 2005-11-10 | Response to the motion to extend the time to file and / or serve the leave application, Completed on: 2005-11-14 | Her Majesty the Queen |
| 2005-11-04 | Motion to extend the time to file and or serve the application for leave to appeal, to Dec. 2/05 (further to Rule 64)(see further extension filed Dec. 9/05), Completed on: 2005-11-04 | Jaglal Roshan Seepersad |
| 2005-09-29 | Correspondence received from, Mr. Czernik (Mr. Andrew M. Czernik is now counsel for Mr. Seepersad) | Jaglal Roshan Seepersad |
| 2005-09-26 | Letter and notice pursuant to Rule 64 sent to, all parties(Returned to the Court Oct. 12/05) (forwarded to Mr. Czernik by priority post Oct. 14/05) | |
| 2005-08-08 | General proceeding, one page document entitled: "notice of motion for extension of time" (see case note) | Jaglal Roshan Seepersad |
| 2005-05-24 | Notice of application for leave to appeal, (Form 25B and CA judgment included) | Jaglal Roshan Seepersad |
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 |
|---|---|---|
| Seepersad, Jaglal Roshan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Seepersad, Jaglal Roshan
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
720 Bay Street
10th Flr.
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-5503
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.
Criminal Law (Non-Charter) - Evidence - Effectiveness of counsel - Whether trial counsel ineffective because he ignored instructions to call accused's wife to refute an allegation that she had witnessed the assault alleged by the complainant- Whether appeal counsel ineffective for not properly explaining this issue to the Court of Appeal - Whether trial and appeal counsel ignored accused's instructions to have forensic tests undertaken to refute aspects of the complainant's testimony.
The complainant alleged that the applicant and a co-accused lured him into a shed where they tied him to a chair, bound his mouth, poured gasoline on him, hit him, accused him of theft, and threatened to kill him or set him on fire or have someone butcher him. On appeal, the applicant argued his trial counsel ignored instructions to call his wife as a witness and to undertake forensic tests to refute parts of the complainant's version of events. He argues his appeal counsel also was ineffective.
Lower court rulings
Ontario Court of Justice
Applicant convicted of unlawful confinement (s. 279(2)), assault with a pellet gun (s. 267(a)), assault with gasoline (s. 267(a)), and uttering a death threat (s. 264.1)
Ontario Court of Justice
Applicant sentenced to two years imprisonment less a day followed by two years probation
Court of Appeal for Ontario
C40989
Appeals against conviction 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
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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
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