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.
38928
Virushan Premanathan 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) |
|---|---|---|
| 2020-03-13 | Close file on Leave | |
| 2020-03-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-03-06 | Judgment on leave sent to the parties | |
| 2020-03-05 |
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 C64675, 2019 ONCA 780, dated October 1, 2019, is dismissed. Dismissed, no order as to costs |
|
| 2020-02-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-01-16 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2020-01-16 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-01-16 | Her Majesty the Queen |
| 2019-12-06 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order, FILE OPENED 2019-12-06 | |
| 2019-11-29 | Certificate (on limitations to public access), 23A | Virushan Premanathan |
| 2019-11-29 | Application for leave to appeal, (Book Form), Completed on: 2019-11-29 | Virushan Premanathan |
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 |
|---|---|---|
| Premanathan, Virushan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Premanathan, Virushan
Counsel
Chris Rudnicki
36 Lombard Street
Suite 100
Toronto, Ontario
M5C 2X3
Telephone: (416) 297-7200 Ext: 102
FAX: (855) 367-7566
Email: halfyard@danielbrownlaw.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
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: jennifer.strastberg@ontario.ca
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Summary
Keywords
Criminal law — Evidence — Assessment — Where there has been a misapprehension in the course of assessing the accused’s credibility, when does the sufficiency of the remaining evidence save the conviction?
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 police set up an advertisement on a website that advertises for sexual services. The advertisement specified that the woman was 18 years old, but advised that her “young friend” might be available. The applicant responded to the advertisement. The police officer posing as the “young friend” texted the applicant to tell him that she was 15 years old. They negotiated via text the specific sex acts, price, and meeting location. The applicant went to the hotel and was arrested. The applicant testified that he mistakenly texted the wrong number, thinking he had already broken off the conversation with the escort once he learned that she was 15 years old. The applicant testified that he intended to contact a different escort about a different sexual service. The applicant was convicted of communicating with a person under the age of 18 to obtain sexual services for consideration and to facilitate the offence of invitation to sexual touching, and breach of recognizance. The applicant appealed only the communication convictions.The applicant’s appeal was dismissed.
Lower court rulings
Ontario Court of Justice
Convictions: communicating with a person under the age of 18 to obtain sexual services for consideration and to facilitate offence of invitation to sexual touching, and breach of recognizance
Court of Appeal for Ontario
C64675 ; 2019 ONCA 780
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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