Case information
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33841
Her Majesty the Queen v. V.Y.
(Ontario) (Criminal) (As of Right)
(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) |
|---|---|---|
| 2011-05-17 | Appeal closed | |
| 2011-05-10 | Transcript received, (77 pages) | |
| 2011-05-09 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-05-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-05-06 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for Ontario, Number C48645, 2010 ONCA 544, dated August 5, 2010, heard on April 21, 2011, is dismissed. Dismissed |
|
| 2011-04-21 | Judgment reserved OR rendered with reasons to follow | |
| 2011-04-21 |
Hearing of the appeal, 2011-04-21, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2011-04-21 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2011-04-21 | General proceeding, The respondent has no concerns | V.Y. |
| 2011-04-21 | General proceeding, The intervener may have mentionned the Respondent's name | Her Majesty the Queen |
| 2011-04-21 | Respondent's condensed book, Filed in Court | V.Y. |
| 2011-04-21 | Appellant's condensed book, Filed in Court | Her Majesty the Queen |
| 2011-04-07 | Notice of appearance, Lisa Joyal will be appearing | Her Majesty the Queen |
| 2011-03-31 | Notice of appearance, Brian Snell will be appearing | Association in Defence of the Wrongly Convicted |
| 2011-03-31 | Notice of appearance, Michael Engel, Russell Silverstein and Ingrid Grant will be appearing and Mr. Engel and Mr. Silverstein will make oral submissions. | V.Y. |
| 2011-03-28 | Intervener's book of authorities, Completed on: 2011-03-28 | Association in Defence of the Wrongly Convicted |
| 2011-03-28 |
Order by, LeB, FURTHER TO THE ORDER dated January 27, 2011, granting leave to intervene to the Association in Defence of the Wrongly Convicted; IT IS HEREBY FURTHER ORDERED THAT the intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal Granted |
|
| 2011-03-24 | Intervener's factum, Completed on: 2011-03-24 | Association in Defence of the Wrongly Convicted |
| 2011-03-15 | Notice of hearing sent to parties | |
| 2011-03-09 |
Appeal hearing scheduled, 2011-04-21, (start time 9:30 am) Judgment reserved |
|
| 2011-03-01 | Appeal perfected for hearing | |
| 2011-02-11 | Respondent's book of authorities, Completed on: 2011-02-11 | V.Y. |
| 2011-02-11 | Respondent's factum, Completed on: 2011-02-11 | V.Y. |
| 2011-01-27 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2011-01-27 |
Decision on the motion for leave to intervene, LeB, UPON APPLICATION by the Association in Defence of the Wrongly Convicted for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the Association in Defence of the Wrongly Convicted is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention Granted |
|
| 2011-01-27 | Submission of motion for leave to intervene, LeB | |
| 2011-01-12 | Response to the motion for leave to intervene, email from Burke-Robertson dated Jan. 12/11, Completed on: 2011-01-12 | Her Majesty the Queen |
| 2011-01-12 | Motion for leave to intervene, Completed on: 2011-01-12 | Association in Defence of the Wrongly Convicted |
| 2010-12-14 | Order on motion to extend time | |
| 2010-12-14 |
Decision on motion to extend time, Reg, to serve and file the appellant's record, factum and authorities to Dec. 3/10 Granted |
|
| 2010-12-14 | Submission of motion to extend time, Reg | |
| 2010-12-03 | Response to motion to extend time, (Letter Form), from Michael Engel dated Nov. 24/10, Completed on: 2010-12-03 | V.Y. |
| 2010-12-03 | Motion to extend time, to serve and file the appellant's record, factum and authorities to Dec. 3/10, Completed on: 2010-12-03 | Her Majesty the Queen |
| 2010-12-03 | Appellant's book of authorities, Completed on: 2010-12-03 | Her Majesty the Queen |
| 2010-12-03 | Appellant's record, (3 volumes), Completed on: 2010-12-03 | Her Majesty the Queen |
| 2010-12-03 | Appellant's factum, (Extension of time rec'd Dec. 3/10) (CD missing - rec'd Dec. 14/10), Completed on: 2010-12-14 | Her Majesty the Queen |
| 2010-09-30 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2010-09-03 | Notice of appeal, AMENDED notice rec'd Sept. 07, 2010 with service, CA order missing - rec'd Sept. 22, 2010 with CD Rom, Completed on: 2010-09-22 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| V.Y. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Association in Defence of the Wrongly Convicted | Intervener | Active |
Counsel
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
Party: V.Y.
Counsel
Russell Silverstein
Ingrid Grant
Toronto, Ontario
M5A 1V1
Telephone: (416) 364-6755
FAX: (416) 364-7049
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: Association in Defence of the Wrongly Convicted
Counsel
626 - 111 Peter Street
Toronto, Ontario
M5V 2H1
Telephone: (416) 504-7500
FAX: (416) 203-9088
Email: bsnell@lcp-law.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
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 - Reasonable doubt - Credibility - Evidence - Application of R. v. W.(D.), [1991] 1 S.C.R. 742 - Whether the majority of the Court of Appeal erred in finding that the trial judge shifted the burden of proof to the respondent to establish his innocence - Whether the majority of the Court of Appeal erred in finding that the trial judge misapplied the governing legal principles in his evaluation of the credibility of the complainant and the respondent.
The respondent was convicted of sexually assaulting and unlawfully confining his thirteen year-old neighbour. The respondent successfully appealed his conviction and was granted a new trial. The majority of the Court of Appeal found that the trial judge had erred by assuming the respondent’s guilt to establish the credibility of the complainant. It also concluded that the trial judge failed to give sufficient consideration to the third part of the test set out in R. v. W.(D.), [1991] 1 S.C.R. 742. In particular, the majority concluded that the trial judge failed to consider the possibility that because there was a great deal of animosity between the respondent and the complainant’s family, the complainant could have “spontaneously accused the [respondent] of ‘humping’ him”. The majority explained that this omission was especially troubling given that the action described by the complainant was inconsistent with that of a person seeking sexual gratification, and seemed to be consistent with “a child’s understanding of what a pedophile would do to a young boy”. Similarly, the majority found that certain evidence seemed to suggest that the complainant’s story had evolved over time in order to become more coherent. Moldaver J.A., dissenting, would have dismissed the appeal, finding no basis to interfere with the trial judge’s credibility findings and no error in his application of the governing legal principles.
Lower court rulings
Ontario Court of Justice
Convictions: Sexual assault and forcible confinement
Court of Appeal for Ontario
C48645, 2010 ONCA 544
Appeal allowed
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