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.
36720
Thomas Moffit v. Her Majesty the Queen
(Ontario) (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) |
|---|---|---|
| 2016-03-15 | Close file on Leave | |
| 2016-03-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-03-11 | Judgment on leave sent to the parties | |
| 2016-03-10 |
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 C51929, 2015 ONCA 412, dated June 9, 2015, is dismissed. Dismissed |
|
| 2016-03-10 |
Decision on motion to extend time to file and /or serve the leave application, see Judgment on the Application for leave to Appeal Granted |
|
| 2016-02-08 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2016-02-08 | Submission of motion to extend time to file and/ or serve the leave application, CJ Mo Ga | |
| 2016-01-11 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-01-11 | Thomas Moffit |
| 2015-12-14 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-12-14 | Respondent's response on the application for leave to appeal, Completed on: 2015-12-14 | Her Majesty the Queen |
| 2015-11-17 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2015-11-17 | |
| 2015-11-13 | Certificate (on limitations to public access) | Thomas Moffit |
| 2015-11-13 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2015-11-13 | Thomas Moffit |
| 2015-11-13 | Application for leave to appeal, Completed on: 2015-11-13 | Thomas Moffit |
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 |
|---|---|---|
| Moffit, Thomas | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Moffit, Thomas
Counsel
Lynda E. Morgan
235 King Street East
2nd Floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 955-0367
FAX: (416) 955-1237
Email: ismith@fentonlaw.ca
Agent
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
Crown Law Office
10th Floor - 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2684
FAX: (416) 326-4656
Email: christine.tier@jus.gov.on.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.
Criminal law — Charge to jury — Bad character evidence — Post-offence conduct — Accused convicted of second degree murder for death of his domestic partner — Whether trial judge erred in his instructions to jury about relevance of evidence of accused’s post-offence conduct — Whether trial judge erred in his instructions about evidence that jury heard, both admissible and inadmissible, of accused’s bad character.
Following a trial by judge and jury, the applicant, Mr. Thomas Moffit, was convicted of second degree murder for the death of his domestic partner, Ms. Shelley Marie Mathieu-Read, and was sentenced to life imprisonment without eligibility for parole for at least 17 years. Ms. Mathieu-Read has not been seen or heard from since 2007. Her body was never found. The Crown’s case at trial relied heavily on the testimony of Mr. Moffit’s sister, Ms. Kathy Long, to whom he had apparently confessed his role in Ms. Mathieu-Read’s disappearance. Mr. Moffit argued the Crown had failed to prove both that Ms. Mathieu-Read was dead and that he was involved in her death. In the alternative, he submitted that if the jury was satisfied that Ms. Mathieu-Read was dead, and that he caused her death, the jury should find him guilty of manslaughter and not murder. Mr. Moffit appealed his conviction, but unsuccessfully.
Lower court rulings
Ontario Superior Court of Justice
C51929
Applicant convicted by jury of second degree murder and sentenced to life imprisonment without eligibility for parole for at least 17 years.
Court of Appeal for Ontario
C51929, 2015 ONCA 412
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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