Case information
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31767
J.J.R.D. 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) |
|---|---|---|
| 2007-05-14 | Close file on Leave | |
| 2007-05-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-05-11 | Judgment on leave sent to the parties | |
| 2007-05-10 |
Judgment of the Court on the application for leave to appeal, The application for extension of time is granted and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C44774, dated November 30, 2006, is dismissed. Dismissed |
|
| 2007-05-10 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2007-04-10 | All materials on application for leave submitted to the Judges, CJ Cha Ro | |
| 2007-04-10 | Submission of motion to extend time to file and/ or serve the leave application, CJ Cha Ro | |
| 2007-03-21 | Applicant's reply to respondent's argument, Completed on: 2007-03-21 | J.J.R.D. |
| 2007-03-14 | Response to the motion to extend the time to file and / or serve the leave application, Inluded in the response, Completed on: 2007-03-14 | Her Majesty the Queen |
| 2007-03-14 | Respondent's response on the application for leave to appeal, Completed on: 2007-03-14 | Her Majesty the Queen |
| 2007-02-16 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-02-15 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the Application, Completed on: 2007-02-15 | J.J.R.D. |
| 2007-02-15 | Application for leave to appeal, Completed on: 2007-02-15 | J.J.R.D. |
| 2006-12-15 | Notice of application for leave to appeal, Completed on: 2006-12-15 | J.J.R.D. |
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 |
|---|---|---|
| J.J.R.D. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: J.J.R.D.
Counsel
20 Dundras Street West
Suite 1130, P.O. Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6268
FAX: (416) 977-8513
Email: schreck@schreckgreene.com
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
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4585
FAX: (416) 326-4656
Email: amanda.ruaszek@jus.gov.on.ca
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.
(Publication ban in case) (Publication ban on party)
Criminal Law - Evidence - Burden of proof - Whether a trial judge may reject an accused's testimony solely because it is inconsistent with the complainant's testimony.
JJRD was convicted of sexual assault committed against AD. At trial, the Crown relied upon AD's videotaped statement and entries in her diary. JJRD testified and denied the alleged assault.
Lower court rulings
Ontario Superior Court of Justice
05-0035
Conviction of sexual assault; charge of sexual touching and interference stayed.
Court of Appeal for Ontario
C44774
Appeal 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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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