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.
34934
Her Majesty the Queen v. Peter Garfield Taylor
(Newfoundland & Labrador) (Criminal) (As of Right)
(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) |
|---|---|---|
| 2013-03-07 | Appeal closed | |
| 2013-03-01 | Transcript received, (49 pages) | |
| 2013-02-25 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-02-25 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-02-22 | General proceeding, Questionnaire re: Publication Ban, there was mention of information | Peter Garfield Taylor |
| 2013-02-22 | General proceeding, Questionnaire re: Publication Ban, there was mention of information | Her Majesty the Queen |
| 2013-02-22 |
Judgment on the appeal rendered, F Abe Ro Cro Mo, The appeal from the judgment of the Court of Appeal for Newfoundland and Labrador, Number 11/56, 2012 NLCA 33, dated June 13, 2012, was heard on February 22, 2013, and the Court on that day delivered the following judgment orally: FISH J. — The appeal is allowed for the reasons given by Hoegg J.A. in the Court of Appeal and the conviction entered by the trial judge is restored. Fish and Cromwell JJ., dissenting, would have affirmed the judgment of the Court of Appeal ordering a new trial. Allowed |
|
| 2013-02-22 |
Hearing of the appeal, 2013-02-22, F Abe Ro Cro Mo Judgment rendered |
|
| 2013-02-22 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2013-02-22 | Appellant's condensed book, (Book Form), Filed in Court | Her Majesty the Queen |
| 2013-02-05 | Notice of appearance, Mr Derek J. Hogan will be appearing and will be making oral submissions. | Peter Garfield Taylor |
| 2013-02-05 | Notice of appearance, Mr. Vikas Khaladkar will be present at the hearing and will be making oral sumbissions. | Her Majesty the Queen |
| 2013-01-14 | Appeal perfected for hearing | |
| 2013-01-14 | Correspondence received from, Ms. Struthers dated Jan. 14/13 re: redacted electronic copy of Respondent's factum | Peter Garfield Taylor |
| 2013-01-08 | Respondent's book of authorities, (Book Form), CD rec'd Jan. 14/13, Completed on: 2013-01-14 | Peter Garfield Taylor |
| 2013-01-08 | Respondent's factum, (Book Form), Filed pursuant to 29(3) - CD rec'd Jan. 14/13 - rec'd redacted electronic version, Completed on: 2013-01-14 | Peter Garfield Taylor |
| 2012-12-10 | Notice of hearing sent to parties | |
| 2012-11-22 |
Appeal hearing scheduled, 2013-02-22 Judgment rendered |
|
| 2012-10-30 | Appellant's book of authorities, Completed on: 2012-10-30 | Her Majesty the Queen |
| 2012-10-30 | Appellant's record, (3 volumes), Completed on: 2012-10-30 | Her Majesty the Queen |
| 2012-10-30 | Appellant's factum, Completed on: 2012-10-30 | Her Majesty the Queen |
| 2012-08-10 | Notice of appeal, Completed on: 2012-08-10 | 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 |
|---|---|---|
| Taylor, Peter Garfield | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Special Prosecutions Office
4th Floor, Atlantic Place
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-4299
FAX: (709) 729-1135
Email: vkhaladkar@gov.nl.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Taylor, Peter Garfield
Counsel
251 Empire Avenue
Suite 300
St. John's, Newfoundland & Labrador
A1C 3H9
Telephone: (709) 753-7860
FAX: (709) 753-0026
Email: derekhogan@legalaid.nl.ca
Agent
85 Plymouth St.
Ottawa, Ontario
K1S 3E2
Telephone: (613) 233-4474 Ext: 290
FAX: (613) 233-8868
Email: hgeller@doucetmcbride.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 Assessment Accused convicted of sexual assault and unlawful confinement Trial judge rejecting evidence of witness as being fabrication Whether trial judge erred in his assessment of the evidence of the witness Whether trial judge misapprehended the trial evidence as a whole.
The accused was convicted of sexual assault and unlawful confinement as a result of an allegation that he briefly locked the child complainant into his shed and inappropriately touched her. The accused’s son testified at trial that he was working on a truck near the shed at the time of the alleged incident and that the shed door could not have been closed. The trial judge rejected the son’s evidence as being a fabrication because the son did not disclose that information, which could have helped his father, to the police and “did nothing”. The majority of the Court of Appeal held that the trial judge erred in his assessment of the son’s evidence and failed to assess the evidence as a whole. The convictions were set aside and a new trial was ordered.
Lower court rulings
Supreme Court of Newfoundland and Labrador - Court of Appeal
11/56, 2012 NLCA 33
Appeal allowed; new trial ordered
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