Case information
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31768
Gregory Ajayi Gill 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) |
|---|---|---|
| 2007-03-05 | Close file on Leave | |
| 2007-03-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-03-02 | Judgment on leave sent to the parties | |
| 2007-03-01 |
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 C42176, dated October 23, 2006, is dismissed. Dismissed |
|
| 2007-01-29 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2007-01-18 | Applicant's reply to respondent's argument, Completed on: 2007-01-18 | Gregory Ajayi Gill |
| 2007-01-12 | Respondent's response on the application for leave to appeal, Completed on: 2007-01-12 | Her Majesty the Queen |
| 2006-12-21 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-12-19 | Application for leave to appeal, Completed on: 2006-12-19 | Gregory Ajayi Gill |
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 |
|---|---|---|
| Gill, Gregory Ajayi | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Gill, Gregory Ajayi
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2411
FAX: (416) 326-4656
Email: michelle.campbell@ontario.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.
Criminal law - Courts - Jurisdiction - Appeals - Does s.839 of the Criminal Code accord a Court of Appeal the discretion to hear criminal appeals from the judgments of summary conviction appeal courts in respect of all matters of law - Doctrine of mootness.
Gill was stopped by police while operating his motor vehicle. They suspected the vehicle was not roadworthy. Gill refused their request to exit the vehicle to allow them to inspect it, on the basis that they had not met the requirements of the Highway Traffic Act. He was arrested and charged with obstruction under s. 129(a). He was convicted. Gill appealed by way of summary conviction appeal. His appeal was allowed, the conviction was set aside and an acquittal was entered. His motion for leave to appeal to the Court of Appeal for Ontario was dismissed.
Gill sought throughout the proceedings to challenge the constitutionality of s. 129 of the Criminal Code, but was not successful.
Lower court rulings
Ontario Court of Justice
02-15088
Conviction: obstruction of peace officer;
Acquittal: failing to comply
Ontario Superior Court of Justice
460
Summary conviction appeal allowed: conviction set aside and acquittal entered
Court of Appeal for Ontario
C42176
Leave to appeal refused
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