Case information
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37684
Sean Mitchell v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
(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) |
|---|---|---|
| 2017-12-21 | Close file on Leave | |
| 2017-12-21 | Judgment on leave sent to the parties | |
| 2017-12-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-11-30 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal is dismissed. In any event, had such motion been granted, the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C46944, 2008 ONCA 757, dated November 5, 2008, would have been dismissed. Dismissed |
|
| 2017-10-25 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2017-10-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-10-23 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2017-08-28 | Certificate (on limitations to public access), (Letter Form), 23A; amended certificate rec'd 2017/10/25 | Her Majesty the Queen |
| 2017-08-28 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-08-28 | Her Majesty the Queen |
| 2017-08-18 | Certificate (on limitations to public access), Form 23 B | Sean Mitchell |
| 2017-08-09 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened on 2017-08-09 | |
| 2017-08-03 | Certificate (on limitations to public access), (Included in the application for leave to appeal), Amended form 23 A rec'd on 2017-08-18 | Sean Mitchell |
| 2017-08-03 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2017-08-03 | Sean Mitchell |
| 2017-08-03 | Application for leave to appeal, (Book Form), Orders rec'd on 2017-08-31 - Amended notice and amended certificate rec'd on 2017-08-18, Completed on: 2017-08-31 | Sean Mitchell |
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 |
|---|---|---|
| Mitchell, Sean | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Mitchell, Sean
Counsel
400 University Avenue
Suite 2001
Toronto, Ontario
M5G 1R7
Telephone: (416) 204-1835
FAX: (416) 204-1849
Email: greg@127john.com
Agent
200 Elgin Street
Suite 600
Ottawa, Ontario
K2P 1L5
Telephone: (613) 237-2290
FAX: (613) 237-0071
Email: solomon@edelsonlaw.ca
Party: Her Majesty the Queen
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4582
FAX: (416) 326-4656
Email: adler@crimlawcanada.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Criminal law — Evidence — Similar fact evidence — Witnesses — Cross-examination — Limitations — Judge admitted similar fact evidence at trial of accused on eight counts of sexual assault involving different victims, finding that all assaults had been committed by same individual — Ultimately, trial judge convicted accused of four counts of sexual assault but acquitted him of remaining four counts — Summary conviction appeal judge set aside four convictions but Court of Appeal restored them — Whether Court of Appeal erred by failing to consider exculpatory value of similar fact evidence — Whether trial judge erred in restricting witness’ cross-examination.
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)
The Crown charged Mr. Mitchell with eight counts of sexual assault in relation to eight different women on eight different occasions. The trial judge convicted him on four counts, but held that the Crown had failed to prove its case beyond a reasonable doubt on the remaining four counts and therefore acquitted him on them. On appeal, the summary conviction appeal judge found that the trial judge erred in failing to consider the exculpatory value of the four acquittals after concluding that the eight offences were committed by a single individual. A unanimous Court of Appeal restored the four convictions.
Lower court rulings
Ontario Superior Court of Justice
18/05
Accused convicted of four counts of sexual assault but acquitted of remaining four counts.
Court of Appeal for Ontario
C46944, 2008 ONCA 757
Crown’s appeal allowed and convictions restored.
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
Not available