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.
32138
Timothy Middleton 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) |
|---|---|---|
| 2009-05-28 | Appeal closed | |
| 2009-05-25 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2009-05-25 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2009-05-22 |
Judgment on the appeal rendered, CJ Bi LeB F Cha Ro Cro, The appeal from the judgment of the Court of Appeal for Ontario, Number C45536, 2007 ONCA 538, dated July 25, 2007, heard on January 20, 2009, is allowed and the sentences imposed by the trial judge are affirmed, Cromwell J. dissenting in part. Allowed |
|
| 2009-02-05 | Transcript received, (52 pages) | |
| 2009-01-20 | Judgment reserved OR rendered with reasons to follow | |
| 2009-01-20 |
Hearing of the appeal, 2009-01-20, CJ Bi LeB F Cha Ro Cro Judgment reserved |
|
| 2009-01-20 | Acknowledgement and consent for video taping of proceedings, Signed by all parties | |
| 2009-01-20 | Respondent's condensed book, Filed 14 copies at hearing | Her Majesty the Queen |
| 2009-01-08 | Notice of appearance, Andrew Cappell and Alexandra Campbell will be appearing | Her Majesty the Queen |
| 2009-01-07 | Notice of appearance, Greg Lafontaine and Vincenzo Rondinelli will be appearing | Timothy Middleton |
| 2008-11-24 | Notice of hearing sent to parties | |
| 2008-11-24 |
Appeal hearing scheduled, 2009-01-20, (Previously Dec. 19/08) Judgment reserved |
|
| 2008-11-14 | Respondent's book of authorities, page numbering with new cd-rom requested - rec'd Dec. 4/08, Completed on: 2008-12-04 | Her Majesty the Queen |
| 2008-11-14 | Respondent's factum, Completed on: 2008-11-14 | Her Majesty the Queen |
| 2008-11-14 | Appeal perfected for hearing | |
| 2008-10-01 | Order on motion to extend time | |
| 2008-10-01 |
Decision on motion to extend time, to serve the appellant's record to June 30/08 and to serve and file the appellant's factum and book of authorities to Sept. 19/08, Reg Granted |
|
| 2008-10-01 | Submission of motion to extend time, Reg | |
| 2008-09-29 | Response to motion to extend time, Completed on: 2008-09-29 | Her Majesty the Queen |
| 2008-09-19 | Motion to extend time, to serve and file the appellant's record, factum and book of authorities to Sept. 19/08, Completed on: 2008-09-19 | Timothy Middleton |
| 2008-09-19 | Appellant's book of authorities, Completed on: 2008-09-29 | Timothy Middleton |
| 2008-09-19 | Appellant's factum, (motion ext. of time rec'd Sept. 19/08), Completed on: 2008-09-29 | Timothy Middleton |
| 2008-09-05 | Correspondence received from, Gregory Lafontaine rec'd by fax and dated September 4, 2008. Re: Late filing of factum and book of authorities (original rec'd Sept. 8/08) | Timothy Middleton |
| 2008-08-08 | Correspondence received from, Mr. Cappell re: address to the appellant inquiring about their factum | Her Majesty the Queen |
| 2008-06-27 | Appellant's record, Completed on: 2008-06-27 | Timothy Middleton |
| 2008-04-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2008-04-04 | Notice of appeal, Completed on: 2008-04-04 | Timothy Middleton |
| 2008-04-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2008-04-04 | Judgment on leave sent to the parties | |
| 2008-04-03 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time to file an amended notice of application for leave is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C45536, 2007 ONCA 538, dated July 25, 2007, is granted on the second and third grounds relative to sentencing and dismissed on the first ground relative to conviction. Granted |
|
| 2008-04-03 |
Decision on motion to extend time to file and /or serve the leave application, CJ F Ro Granted |
|
| 2008-01-28 | All materials on application for leave submitted to the Judges, CJ F Ro | |
| 2008-01-28 | Submission of motion to extend time to file and/ or serve the leave application, CJ F Ro | |
| 2008-01-21 | Response to motion to extend time, e-mail from Burke-Robertson dated Jan. 21/08, Completed on: 2008-01-21 | Her Majesty the Queen |
| 2008-01-14 | Motion to extend time, to file the amended Notice of Application for leave to Jan. 14/08, Completed on: 2008-01-14 | Timothy Middleton |
| 2008-01-14 | Notice of application for leave to appeal, AMENDED, Completed on: 2008-01-14 | Timothy Middleton |
| 2007-11-13 | Applicant's reply to respondent's argument, Completed on: 2007-11-13 | Timothy Middleton |
| 2007-10-31 | Respondent's response on the application for leave to appeal, Completed on: 2007-10-31 | Her Majesty the Queen |
| 2007-10-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-10-01 | Application for leave to appeal, Completed on: 2007-10-01 | Timothy Middleton |
| 2007-07-31 | Notice of application for leave to appeal, Completed on: 2007-07-31 | Timothy Middleton |
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 |
|---|---|---|
| Middleton, Timothy | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Middleton, Timothy
Counsel
Vincenzo Rondinelli
127 John Street
Toronto, Ontario
M5V 2E2
Telephone: (416) 204-1835
FAX: (416) 204-1849
Email: greg@127john.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Her Majesty the Queen
Counsel
Alexandra Campbell
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4204
FAX: (416) 326-4656
Email: andrew.cappell@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 - Evidence - Admissibility - Sentencing - Whether evidence of discreditable conduct that does not underlie the alleged offences can be admitted into evidence without a voir dire or a waiver of a voir dire to determine its admissibility and use - Sentencing judge orders a 90-day term of imprisonment to be served intermittently on weekends and an 18-month term of imprisonment to be served conditionally in the community, followed by probation - Whether the intermittent sentence must be served on consecutive days - Whether the sentences lawfully may be served concurrently - Criminal Code, R.S.C. 1985, c. C-46, ss. 732, 742.7.
The Appellant’s fiancee complained to the police that the Appellant put a pellet gun to her head and threatened to kill her if she did not leave him alone. She also claimed that previously he had shoved her into a doorway in a fit of anger and broken her collar bone. The Appellant was charged with various offences. At trial, the Crown led evidence of other conduct by the Appellant on other occasions, including a previously recanted allegation by his fiancee that he had attacked her in March of 2004.
Lower court rulings
Ontario Court of Justice
05-0776
Convictions for assault causing bodily harm, uttering a death threat, and pointing a firearm
Ontario Court of Justice
Sentence to 9-months imprisonment to be served intermittently on weekends for assault causing bodily harm; sentence to 18-months imprisonment to be served conditionally in the community followed by 3 years probation for uttering a death threat and pointin
Court of Appeal for Ontario
C45536, 2007 ONCA 538
Appeal from sentences and convictions 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