Case information
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36114
Sebastian Miazga v. Her Majesty the Queen
(British Columbia) (Criminal) (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) |
|---|---|---|
| 2014-12-22 | Close file on Leave | |
| 2014-12-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-12-19 | Judgment on leave sent to the parties | |
| 2014-12-18 |
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 British Columbia (Vancouver), Number CA040498, 2014 BCCA 312, dated August 5, 2014, is dismissed without costs. Dismissed, without costs |
|
| 2014-11-17 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-11-03 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-11-03) | Her Majesty the Queen |
| 2014-11-03 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-11-03, (Electronic version filed on 2014-11-03) | Her Majesty the Queen |
| 2014-10-06 | Letter acknowledging receipt of a complete application for leave to appeal, File opened 2014-10-06. | |
| 2014-10-06 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-10-06) | Sebastian Miazga |
| 2014-10-03 | Application for leave to appeal, (Book Form), Completed on: 2014-10-03, (Electronic version filed on 2014-10-03) | Sebastian Miazga |
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 |
|---|---|---|
| Miazga, Sebastian | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Miazga, Sebastian
Counsel
Alison M. Latimer
500 - 815 Hornby Street
Vancouver, British Columbia
V6Z 2E6
Telephone: (604) 669-6711
FAX: (604) 669-5180
Email: glen@orrislawcorp.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
Criminal Justice Branch - Crown Law Division
6th floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
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.
Criminal law – Manslaughter – Elements of offence – Parties to offences – Did the Court of Appeal err in its interpretation of R. v. Maybin, 2012 SCC 24 – Did the Court of Appeal err in ruling that the stabbing which caused the death herein was not an intervening act?
The applicant and several other people attacked Tyson Edwards outside a nightclub in downtown Vancouver. The attack lasted about one minute. At some point during the attack, Mr. Edwards was stabbed in the chest with a knife. The wounds were fatal and Mr. Edwards died. It is unknown which of the attackers used the knife. Four men, including the applicant, were charged with manslaughter. One was acquitted because the Crown failed to prove he participated in the attack. The other three were convicted of manslaughter. The appeal was dismissed.
Lower court rulings
Supreme Court of British Columbia
25824
Applicant found guilty of manslaughter
Court of Appeal for British Columbia (Vancouver)
CA040498, 2014 BCCA 312
Appeal 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
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