Case information
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33992
G.B. 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) |
|---|---|---|
| 2011-04-29 | Close file on Leave | |
| 2011-04-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-04-26 | Judgment on leave sent to the parties | |
| 2011-04-21 |
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 C45041, 2010 ONCA 723, dated October 28, 2010, is dismissed without costs. Dismissed, without costs |
|
| 2011-03-21 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2011-02-04 | Respondent's response on the application for leave to appeal, Service rec'd on March 17, 2011, Completed on: 2011-03-17 | Her Majesty the Queen |
| 2011-01-26 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2010-12-24 | Book of authorities, new covers needed (rec'd Jan.19/11) | G.B. |
| 2010-12-24 | Application for leave to appeal, new covers(rec'd Jan 19/11), filing fee and final CA order missing (endorsement rec'd Jan.17/11) (rec'd Feb.11/11), Completed on: 2011-02-14 | G.B. |
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 |
|---|---|---|
| G.B. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: G.B.
Counsel
Ariel Herscovitch
302 - 559 College Street
Toronto, Ontario
M6G 1A9
Telephone: (416) 304-1414
FAX: (416) 304-1345
Email: derstine@derstinepenman.com
Party: Her Majesty the Queen
Counsel
720 Bay St., 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4335
FAX: (416) 326-4656
Email: holly.loubert@ontario.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
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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 ON PARTY)
Criminal Law — Trial — Verdicts — Reasonableness of verdicts — Whether jury’s verdicts were inconsistent and therefore unreasonable.
The applicant was tried before a jury for multiple offences based on allegations by his ex spouse that: on September 11, 2003, he walked uninvited into her house; on September 12, 2003, he entered her house uninvited, repeatedly locked the front door, cornered her in a hallway, and attempted sexual assault; and, on September 23, 2003, he broke into her house and hid until she returned, grabbed her, forcibly carried her upstairs, and sexually assaulted her. The applicant was convicted for unlawful confinement and attempted sexual assault on September 12, 2003. He was acquitted on a charge of unlawfully entering a dwelling house with intent to commit sexual with respect to the alleged incident on September 11, 2003. He was acquitted on charges of break and enter, unlawful confinement, and sexual assault with respect to the alleged incident on September 23, 2003.
Lower court rulings
Ontario Superior Court of Justice
Acquittal by jury on charge of unlawfully entering a dwelling house on September 11, 2003, with intent to commit sexual assault. Conviction by jury for unlawful confinement and attempted sexual assault on September 12, 2003. Acquittals by jury on charges
Court of Appeal for Ontario
C45041, 2010 ONCA 723
Appeal from 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
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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