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.
38255
Leslie Lonsbary, et al. v. Her Majesty the Queen, et al.
(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) |
|---|---|---|
| 2018-12-20 | Close file on Leave | |
| 2018-12-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-12-07 | Judgment on leave sent to the parties | |
| 2018-12-06 |
Judgment of the Court on the application for leave to appeal, The motion filed by the applicant, Stephen Jurkus, for an extension of time to serve and file the application for leave to appeal is granted. The applications for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C63479, 2018 ONCA 489, dated May 28, 2018, are dismissed. Dismissed |
|
| 2018-12-06 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Granted |
|
| 2018-11-05 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-11-05 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2018-10-17 | Correspondence received from, (Letter Form), the applicant, Mr. Lonsbary; Response to the letter of the Crown. | Leslie Lonsbary |
| 2018-10-16 | Correspondence received from, (Letter Form), The respondent; wishes for the application to be decided quickly to to an upcoming trial. Can file motion if necessary. | Her Majesty the Queen |
| 2018-09-26 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2018-09-26 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2018-09-26 | Respondent's response on the application for leave to appeal, (Book Form), Joint, Completed on: 2018-09-26 | Her Majesty the Queen |
| 2018-09-06 | Certificate (on limitations to public access), (Letter Form), 23B | Stephen Jurkus |
| 2018-09-04 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), 5 additional copies required-rec'd 2018/09/07, Completed on: 2018-09-07 | Stephen Jurkus |
| 2018-08-30 | Letter acknowledging receipt of an incomplete application for leave to appeal, SECOND APPLICATION | |
| 2018-08-29 | Letter acknowledging receipt of an incomplete application for leave to appeal, FIRST APPLICATION; FILE OPENED 2018/08/29 | |
| 2018-08-28 | Certificate (on limitations to public access), (Book Form), 23A; amended certificate to come-rec'd 2018/09/27 | Stephen Jurkus |
| 2018-08-28 |
Application for leave to appeal, (Book Form), SECOND APPLICATION Motion to extend time missing-rec'd 2018/09/04, filing fees missing-rec'd 2018/09/04, 23B missing-rec'd 2018/09/07, Completed on: 2018-09-07 |
Stephen Jurkus |
| 2018-08-23 | Certificate (on limitations to public access), (Letter Form), 23B | Leslie Lonsbary |
| 2018-08-23 | Certificate (on limitations to public access), (Letter Form), 23A | Leslie Lonsbary |
| 2018-08-23 | Application for leave to appeal, (Book Form), FIRST APPLICATION, Completed on: 2018-08-23 | Leslie Lonsbary |
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 |
|---|---|---|
| Lonsbary, Leslie | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Jurkus, Stephen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Lonsbary, Leslie
Counsel
Jeff Marshall
Ron Ellis
116 Simcoe Street, Suite100
Toronto, Ontario
M5H 4E2
Telephone: (416) 586-0330
FAX: (416) 596-2597
Email: presser@presserlaw.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Jurkus, Stephen
Counsel
800 University Avenue, West
Windsor, Ontario
N9A 5R9
Telephone: (519) 259-1800
FAX: (519) 259-1830
Email: patrick@ducharmeweber.com
Party: Her Majesty the Queen
Counsel
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: michael.fawcett@ontario.ca
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
Charter of Rights – Right to be tried within reasonable time – Criminal law – Appeals – Powers of Court of Appeal – Standard of review – Whether the applicants’ right to be tried within reasonable time was infringed – Whether the Court of Appeal erred by relying on Morin-era case law and adopting a correctness standard of review for the trial judge’s reasonable factual findings regarding defence delay and exceptional circumstances – Whether the applicability of Morin-era case law concerning the appellate review of s. 11(b) Charter decisions is a matter of public importance – Whether the Court of Appeal erred in applying the incorrect standard of review for the trial judge’s reasonable findings of fact regarding exceptional circumstances and rendered a decision that is inconsistent with the decisions of other appellate courts – Whether the consistent application of the appropriate standard of review for s. 11 (b) Charter decisions is a matter of public importance.
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.
The applicants were on duty when a cellmate beat the victim to death. The applicants were charged with failing to provide the necessaries of life to the deceased. The applicants’ application for a stay of proceedings was granted on the basis of unreasonable delay pursuant to s. 11(b) of the Charter. The Court of Appeal held that the application judge erred in her s. 11(b) Charter analysis and there was no unreasonable delay. The respondent’s appeal was allowed: the stays of proceeding were set aside and the matter was remitted for trial.
Lower court rulings
Ontario Superior Court of Justice
22/16, 2017 ONSC 1025
Applicants’ applications for stay of proceedings granted
Court of Appeal for Ontario
C63479, 2018 ONCA 489
Respondent’s appeal allowed: stays of proceedings set aside; matter remitted for trial
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