Case information
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36724
M.K. 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) |
|---|---|---|
| 2016-04-12 | Close file on Leave | |
| 2016-04-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-04-08 | Judgment on leave sent to the parties | |
| 2016-04-07 |
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 C58543, 2015 ONCA 563, dated July 29, 2015, is dismissed. Dismissed |
|
| 2016-04-07 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2016-02-29 | All materials on application for leave submitted to the Judges, Cro Wa Côt | |
| 2016-02-29 | Submission of motion to extend time to file and/ or serve the leave application, Cro Wa Côt | |
| 2016-01-22 | Applicant's reply to respondent's argument, Completed on: 2016-01-22 | M.K. |
| 2016-01-12 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2016-01-12 | Respondent's response on the application for leave to appeal, Completed on: 2016-01-15 | Her Majesty the Queen |
| 2015-11-26 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2015-11-25 | Application for leave to appeal, Completed on: 2015-11-25 | M.K. |
| 2015-11-18 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2015-11-17 | Certificate (on limitations to public access) | M.K. |
| 2015-11-17 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the notice of application for leave to appeal), Completed on: 2015-11-17 | M.K. |
| 2015-11-17 | Notice of application for leave to appeal, Completed on: 2015-11-17 | M.K. |
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 |
|---|---|---|
| M.K. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: M.K.
Counsel
238 King Street East
Toronto, Ontario
M5A 1K1
Telephone: (416) 975-1700
FAX: (416) 925-8882
Email: rlitkowski@hicksadams.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
Crown Law Office Criminal, 10th Flr.
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4644
FAX: (416) 326-4656
Email: john.neander@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.
(PUBLICATION BAN IN CASE) (PUBLICATION BAN ON PARTY)
Criminal law — Appeals — Whether the Court of Appeal failed to apply the proper test for reviewing a trial judge’s reasons given that prosecution was based on allegations of historic events — Whether the Court of Appeal failed to apply the proper test for reviewing a trial judge’s reasons given that the complainant’s alleged memories and disclosure were triggered by an outside source, a therapist?
In 2012, MK was charged with counts of sexual assault, sexual touching and invitation to touch for a sexual purpose between December 25, 1989 and September 27, 1991. The complainant alleged sexual misconduct in Markham and then in Picton, from when she was 5 or 6 years old until she was 12 or 13 years old. MK testified and denied the allegations. The complainant reported her allegations to police after she began counselling with a therapist. Defence counsel applied for production of the therapist’s notes because of the possibility of suggestive influences during therapy and the circumstances surrounding the complainant’s revelations of her allegations. The trial judge reviewed the therapist’s notes and dismissed the motion for disclosure, finding that nothing in the therapist’s notes suggested that counseling had reshaped the complainant’s memory. MK was convicted for the offences related to incidents in Picton and acquitted in relation to the incidents alleged to have occurred in Markham. MK’s appeal from the convictions was dismissed.
Lower court rulings
Ontario Superior Court of Justice
Sentence: 2 years less a day, 2 years of probation
Court of Appeal for Ontario
C58543, 2015 ONCA 563
Appeal from convictions and sentence 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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