Case information
Consult our database for details on a Supreme Court of Canada case.
34705
Abraham Fundi v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-07-03 | Close file on Leave | |
| 2012-06-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-06-29 | Judgment on leave sent to the parties | |
| 2012-06-28 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C51151, 2011 ONCA 693, dated November 9, 2011, is dismissed without costs. Dismissed, without costs |
|
| 2012-06-28 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2012-05-30 | Order on motion to extend time | |
| 2012-05-30 |
Decision on motion to extend time, Reg, to serve and file the respondent's response to Apr. 11/12 Granted |
|
| 2012-05-30 | Submission of motion to extend time, Reg | |
| 2012-05-23 | Response to motion to extend time, (Letter Form), email from Gowlings dated May 23/12, Completed on: 2012-05-23 | Abraham Fundi |
| 2012-05-22 | All materials on application for leave submitted to the Judges, De F Ka | |
| 2012-05-22 | Submission of motion to extend time to file and/ or serve the leave application, De F Ka | |
| 2012-05-18 | Motion to extend time, to serve and file the respondent's response to Apr. 11/12, Completed on: 2012-05-18 | Her Majesty the Queen |
| 2012-04-23 | Applicant's reply to respondent's argument, Completed on: 2012-04-23 | Abraham Fundi |
| 2012-04-11 | Respondent's response on the application for leave to appeal, (extension of time and form 25B missing, rec'd May 18, 2012), Completed on: 2012-05-18 | Her Majesty the Queen |
| 2012-03-12 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-03-07 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2012-03-07 | Abraham Fundi |
| 2012-03-07 | Application for leave to appeal, 2 volumes, Completed on: 2012-03-07 | Abraham Fundi |
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 |
|---|---|---|
| Fundi, Abraham | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Fundi, Abraham
Counsel
Lucy Saunders
5th Flr., 6 Adelaide St. E.
Toronto, Ontario
M5C 1H6
Telephone: (416) 977-6268
FAX: (416) 977-8513
Email: presser@schreckpresser.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Her Majesty the Queen
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2302
FAX: (416) 326-4656
Email: Michael.bernstein@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)
Charter of Rights – Constitutional law – Search and seizure – Exclusion of evidence – Four co-accused charged with conspiracy to commit robbery and possession of property obtained by crime – Whether the Court of Appeal erred in its analysis of whether certain types of evidence were properly found to be admissible at trial
Following a jewellery store robbery, four men were charged with conspiracy to commit robbery and possession of property obtained by crime. The co-accused sought to have certain types of evidence declared inadmissible at trial, alleging that the seizure of such evidence constituted a violation of their rights to be free from unreasonable search and seizure under s. 8 of the Charter. In a voir dire ruling, a judge of the Ontario Superior Court of Justice ruled that some of the evidence should be excluded from trial, while other types of evidence should be admissible. A jury convicted three of the co-accused; a fourth pled guilty. The Court of Appeal dismissed an appeal by three of the co-accused, affirming the trial judge’s ruling.
Lower court rulings
Ontario Superior Court of Justice
CRIM(P) 1952/07, [2008] O.J. No. 3922, CRIM (P) 0108/07
Voir dire ruling: application by co-accused for exclusion of evidence pursuant to s. 24(2) of the Charter, allowed in part; some evidence ruled admissible at trial
Ontario Superior Court of Justice
[2009] O.J. No. 3192, CRIM(P) 0108/07, CRIM(P) 1952/07
Supplemental ruling: application by co-accused for reconsideration of voir dire ruling, dismissed
Ontario Superior Court of Justice
unreported; no neutral citatio
Trial: convictions entered for Arif Mahmood, Abraham Fundi, and Rehan Sheikh, for conspiracy to commit robbery and possession of property obtained by crime
Court of Appeal for Ontario
[2011] O.J. No. 4943, C51151, 2011 ONCA 693, C51168, C51398
Appeal: appeals by Mr. Mahmood, Mr. Fundi and Mr. Sheikh, 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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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