Case information
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32809
Gregory Ernest Last v. Her Majesty the Queen
(Ontario) (Criminal) (As of Right / 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) |
|---|---|---|
| 2009-10-21 | Appeal closed | |
| 2009-10-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2009-10-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2009-10-15 |
Judgment on the appeal rendered, CJ LeB De F Abe Cha Cro, The appeal from the judgment of the Court of Appeal for Ontario, Number C45434, 2008 ONCA 593, dated August 21, 2008, heard on March 27, 2009 is allowed, the convictions are set aside, the matter is remitted to the Superior Court of Justice for the S.M. and the M.A. counts to be retried separately. Allowed |
|
| 2009-04-14 | Transcript received, (57 pages) | |
| 2009-03-27 | Judgment reserved OR rendered with reasons to follow | |
| 2009-03-27 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2009-03-27 | Appellant's condensed book, Submitted in Court (14 copies) | Gregory Ernest Last |
| 2009-03-27 | Acknowledgement and consent for video taping of proceedings, From both parties | |
| 2009-03-27 |
Hearing of the appeal, 2009-03-27, CJ LeB De F Abe Cha Cro Judgment reserved |
|
| 2009-03-26 | Correspondence received from, Nelligan; no publication ban | Gregory Ernest Last |
| 2009-03-23 | Correspondence received from, Lisa Joyal dated March 23/09 re: there is no longer any publication ban in effect in this case | Her Majesty the Queen |
| 2009-03-17 | Notice of appearance, Lisa Joyal will be present at the hearing. | Her Majesty the Queen |
| 2009-03-11 | Notice of appearance, Clayton Ruby and Gerald Chan will be present at the hearing. | Gregory Ernest Last |
| 2009-03-05 | Respondent's book of authorities, Completed on: 2009-03-05 | Her Majesty the Queen |
| 2009-03-05 | Respondent's record, (3 volumes), Completed on: 2009-03-05 | Her Majesty the Queen |
| 2009-03-05 | Respondent's factum, Completed on: 2009-03-05 | Her Majesty the Queen |
| 2009-02-27 | Appeal perfected for hearing | |
| 2009-01-02 | Appellant's record, (vol. I to IV - rec'd Jan. 7/09 CD and amended Vol. III with proof of service - new CD requested), Completed on: 2009-01-02 | Gregory Ernest Last |
| 2009-01-02 | Appellant's book of authorities, (CD rec'd Jan. 7/09 - new CD requested), Completed on: 2009-01-02 | Gregory Ernest Last |
| 2009-01-02 | Appellant's factum, (CD rec'd Jan. 7/09), Completed on: 2009-01-02 | Gregory Ernest Last |
| 2008-12-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2008-12-19 | Judgment on leave sent to the parties | |
| 2008-12-18 |
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 C45434, 2008 ONCA 593, dated August 21, 2008, is granted without costs. Granted, without costs |
|
| 2008-12-12 | Order on motion to extend time | |
| 2008-12-12 |
Decision on motion to extend time, to serve and file the appellant's record, factum and book of authorities from Dec. 12/08 to such date as is 14 days from the date on which the applicant's application for leave to appeal is decided, DeRg Granted |
|
| 2008-12-11 | Submission of motion to extend time, DeRg | |
| 2008-12-11 | Response to motion to extend time, Completed on: 2008-12-11 | Her Majesty the Queen |
| 2008-12-10 | Motion to extend time, to serve and file the appellant and respondent's Record, Factum and Book of Authorities, Completed on: 2008-12-11 | Gregory Ernest Last |
| 2008-12-08 | All materials on application for leave submitted to the Judges, CJ F Ro | |
| 2008-11-24 | Notice of hearing sent to parties | |
| 2008-11-24 |
Appeal hearing scheduled, 2009-03-27 Judgment reserved |
|
| 2008-11-13 | Respondent's response on the application for leave to appeal, Completed on: 2008-11-13 | Her Majesty the Queen |
| 2008-10-21 | Correspondence received from, Gerald Chan dated Oct. 21/08 re: date of hearing | Gregory Ernest Last |
| 2008-10-21 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2008-10-20 | Book of authorities | Gregory Ernest Last |
| 2008-10-20 | Application for leave to appeal, CD received on October 22, 2008 (1 copy), Completed on: 2008-10-20 | Gregory Ernest Last |
| 2008-10-09 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2008-09-19 | Notice of appeal, Completed on: 2008-09-19 | Gregory Ernest Last |
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 |
|---|---|---|
| Last, Gregory Ernest | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Last, Gregory Ernest
Counsel
Gerald Chan
11 Prince Arthur Ave.
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: ruby@rubyshiller.com
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: Her Majesty the Queen
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M2N 2K1
Telephone: (416) 326-2383
FAX: (416) 326-4656
Email: lisa.joyal@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.
(Publication ban in case)
Criminal law - Charge to jury - Whether trial judge erred in law by failing to warn jury against impermissible propensity reasoning - Whether the trial judge erred in law in dismissing the Appellant’s application for severance.
Two complainants testified that the Appellant attacked and repeatedly sexually assaulted them in separate, unrelated incidents. S.M. testified that the Appellant threatened her with a gun, repeatedly sexually assaulted her and repeatedly choked her until she was unconscious. M.A. testified that the Appellant struck her in the forehead with an empty tea mug, choked her into unconsciousness and repeatedly sexually assaulted her. The Appellant was charged in one indictment with multiple offences relating to both assaults. He brought a motion for severance but the motion was denied. In his charge to the jury, the trial judge did not instruct the jury not to engage in propensity reasoning.
The Appellant was convicted of one count of sexual assault with a weapon (a handgun), one count of aggravated sexual assault, two counts of overcoming resistance by choking, and two counts of breach of undertaking. All counts in the indictment, other than the counts relating to breach of undertaking, arose from the two alleged sexual assaults. On appeal, the majority of the Court of Appeal dismissed the appeals as to conviction and sentence. Juriansz J.A. dissenting would have allowed the appeal, set the convictions aside and remitted the matter to the Superior Court for the two counts to be retried separately.
Lower court rulings
Ontario Superior Court of Justice
Conviction by jury of sexual assault with a weapon (a handgun), aggravated sexual assault, two counts of overcoming resistance by choking, and two counts of breach of undertaking
Court of Appeal for Ontario
C45434, 2008 ONCA 593
Appeal from convictions dismissed
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
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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