Case information
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36170
R.M. 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) |
|---|---|---|
| 2015-03-30 | Close file on Leave | |
| 2015-03-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-03-27 | Judgment on leave sent to the parties | |
| 2015-03-26 |
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 C57526, 2014 ONCA 785, dated November 7, 2014, is dismissed. Dismissed |
|
| 2015-02-23 | All materials on application for leave submitted to the Judges, Ro Cro Mo | |
| 2015-02-09 | Applicant's reply to respondent's argument, (Book Form), service to come - rec'd Feb.10/2015, Completed on: 2015-02-19 | R.M. |
| 2015-02-03 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-02-03 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-02-03, (Electronic version filed on 2015-02-03) | Her Majesty the Queen |
| 2014-12-17 | Application for leave to appeal, (Book Form), Completed on: 2014-12-17 | R.M. |
| 2014-11-13 | Certificate (on limitations to public access) | R.M. |
| 2014-11-13 | Notice of application for leave to appeal, (Letter Form), Completed on: 2014-11-17, (Electronic version filed on 2014-11-20) | R.M. |
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 |
|---|---|---|
| R.M. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: R.M.
Counsel
Rebecca McConchie
171 John Street
Suite 101
Toronto, Ontario
M5T 1X3
Telephone: (416) 649-5055
FAX: (866) 714-1196
Email: faddario@addario.ca
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
Katie Doherty
Crown Law Office Criminal, 10th Floor
720 Bay Street
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: avene.derwa@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
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) (PUBLICATION BAN ON PARTY)
Criminal law – Sexual assault and sexual exploitation – Evidence – Assessment – Appellate review – Whether the Court of Appeal erred by affirming an approach to the evidence which undermined the burden of proof and is inconsistent with jurisprudence from this Court – Whether the Court of Appeal erred by substituting its own reasoning for the trial judge’s legally erroneous reasoning – R. v. J.J.R.D., 2006 CanLII 40088 (ON CA).
The applicant, R.M., was convicted of sexual assault and sexual exploitation in respect of the complainant, his foster child. R.M. testified at trial and denied ever having sexual contact with the complainant. The complainant also testified at trial. On appeal, R.M. argued, among other things, that the trial judge reversed the burden of proof when assessing his evidence. The Court of Appeal unanimously dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
12-0064
Applicant convicted of one count of sexual assault and two counts of sexual exploitation
Court of Appeal for Ontario
C57526, 2014 ONCA 785
Appeal 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