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Case information

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39067

Ken Ying Mai, et al. v. Her Majesty the Queen, et al.

(Ontario) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2021-03-05 Close file on Leave
2020-06-26 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2020-06-26 Judgment on leave sent to the parties
2020-06-25 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 applications for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C64280, C64301, C64338 and C63924, 2019 ONCA 942, dated December 2, 2019, are dismissed.
Dismissed
2020-06-25 Decision on motion to extend time to file and /or serve the leave application, See decision on application
Granted
2020-06-01 All materials on application for leave submitted to the Judges, for consideration by the Court
2020-06-01 Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court
2020-05-27 Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-05-27 Ken Ying Mai
2020-05-07 Certificate (on limitations to public access), (Letter Form), SECOND APPLICATION Her Majesty the Queen
2020-05-07 Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), SECOND APPLICATION, Completed on: 2020-05-07 Her Majesty the Queen
2020-05-07 Respondent's response on the application for leave to appeal, (Letter Form), SECOND APPLICATION, Completed on: 2020-05-07 Her Majesty the Queen
2020-04-08 Order on miscellaneous motion, by ROGER BILODEAU, Q.C.
2020-04-08 Decision on the miscellaneous motion, Reg,
UPON APPLICATION by the applicants, Dat Quoc Tang, Larry Yu and Cristopher Saccoccia, for an order to join their file FD-03072 to the application for leave to appeal Ken Ying Mai v.Her Majesty the Queen (39067);
AND NOTING the consent of the respondent;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.

Granted
2020-04-08 Submission of miscellaneous motion,
Motion to join file FD-03072 to the application for leave to appeal Ken Ying Mai v.Her Majesty the Queen (39067), Reg
2020-04-08 Letter acknowledging receipt of a complete application for leave to appeal, SECOND APPLICATION
2020-04-03 Certificate (on limitations to public access), (Letter Form), FIRST APPLICATION Her Majesty the Queen
2020-04-03 Respondent's response on the application for leave to appeal, (Book Form), FIRST APPLICATION, Completed on: 2020-04-03 Her Majesty the Queen
2020-03-31 Correspondence received from, (Letter Form), SECOND APPLICATION
the applicants regarding sensitive materials filed in the application. 		Dat Quoc Tang
2020-03-31 Certificate (on limitations to public access), (Letter Form), SECOND APPLICATION
23B 		Dat Quoc Tang
2020-03-31 Certificate (on limitations to public access), (Letter Form), SECOND APPLICATION
23A 		Dat Quoc Tang
2020-03-31 Notice of miscellaneous motion, (Included in the motion to extend the time to file and or serve the application for leave to appeal), SECOND APPLICATION
Motion to join the application with 39067, Completed on: 2020-03-31 		Dat Quoc Tang
2020-03-31 Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), SECOND APPLICATION, Completed on: 2020-03-31 Dat Quoc Tang
2020-03-31 Application for leave to appeal, (Book Form), SECOND APPLICATION
Required:
-Amended Notice (rec'd 2020/04/28)
-Amended Notice (rec'd 2020/04/03)
-CA Orders (Yu - rec'd 2020/04/03 & Sacciocco, Tang - rec'd 2020/04/08)
-filing fee, Completed on: 2020-04-28 		Dat Quoc Tang
2020-03-30 Correspondence received from, (Letter Form), FIRST APPLICATION
Response will be filed Apr 3 		Her Majesty the Queen
2020-02-27 Letter acknowledging receipt of an incomplete application for leave to appeal, FIRST APPLICATION
FILE OPENED 2020/02/27
2020-01-31 Certificate (on limitations to public access), (Letter Form), FIRST APPLICATION
23A
required: amended 23A (rec'd 2020/02/28) 		Ken Ying Mai
2020-01-31 Application for leave to appeal, (Book Form), FIRST APPLICATION
required:
-superior court orders (rec'd indictment 2020/04/02)
-appeal court order (rec'd 2020/02/05)
-amended 23A (rec'd 2020/02/28), Completed on: 2020-04-02 		Ken Ying Mai

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

Main parties - Appellants
Name Role Status
Mai, Ken Ying Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Tang, Dat Quoc Applicant Active
Yu, Larry Applicant Active
Saccoccia, Christopher Applicant Active

v.

Sub parties (1) - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: Mai, Ken Ying

Counsel
Names
James Lockyer
Lance Beechener
Contact information
Lockyer Campbell Posner
30 St. Clair Ave. West, Suite 103
Toronto, Ontario
M4V 3A1
Telephone: (416) 847-2560 Ext: 222
FAX: (416) 847-2564
Email: jlockyer@lzzdefence.ca
Agent
Name
Matthew Estabrooks
Contact information
Gowling WLG (Canada) LLP
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: Tang, Dat Quoc

Counsel
Name
Andrew Burgess
Contact information
111 Queen Street East
South Building, Suite 450
Toronto, Ontario
M5C 1S2
Telephone: (416) 562-5137
FAX: (866) 677-9338
Email: andrew@andrewburgesslaw.ca
Agent
Name
Matthew Estabrooks
Contact information
Gowling WLG (Canada) LLP
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: Yu, Larry

Counsel
Name
Andrew Burgess
Contact information
111 Queen Street East
South Building, Suite 450
Toronto, Ontario
M5C 1S2
Telephone: (416) 562-5137
FAX: (866) 677-9338
Email: andrew@andrewburgesslaw.ca
Agent
Name
Matthew Estabrooks
Contact information
Gowling WLG (Canada) LLP
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: Saccoccia, Christopher

Counsel
Name
Andrew Burgess
Contact information
111 Queen Street East
South Building, Suite 450
Toronto, Ontario
M5C 1S2
Telephone: (416) 562-5137
FAX: (866) 677-9338
Email: andrew@andrewburgesslaw.ca
Agent
Name
Matthew Estabrooks
Contact information
Gowling WLG (Canada) LLP
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
Names
Randy Schwartz
Jennifer Epstein
Contact information
Attorney General of Ontario
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4555
FAX: (416) 326-4656
Email: randy.schwartz@ontario.ca
Agent
Name
Nadia Effendi
Contact information
Borden Ladner Gervais LLP
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 — Search and seizure — Exclusion of evidence — Grounds to name person in wiretap authorization — Whether Court of Appeal unduly restricted right to be secure against unreasonable search and seizure of condominium owners or occupiers and tenants of multi unit residences — Whether it is reasonable to derogate right guaranteed under s. 8 of Charter of Rights and Freedoms of occupants or tenants of multi unit dwellings by delegating them to property management or condominium board — Whether Court of Appeal gave proper respect to rights of multi-unit housing residents in analysis under s. 24(2) of Charter — Whether there were grounds to name Dat Quoc Tang in wiretap authorization?

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.

Police surveillance during a large scale investigation into suspected gang activity included unauthorised entries into condominium buildings’ parking garages, lobbies, elevators and hallways. Once a condominium unit was associated with a suspect, police obtained permission for further entries from property managers or condominium boards. The police installed hidden cameras in a few buildings, including the elevator and hallway area on the floor of Mr. Mai’s condominium unit, with permission from the condominium board obtained through the building’s property manager. Surveillance occurred before an authorization was obtained. Police arrested a large number of individuals for numerous offences in furtherance of criminal organizations. The trial judge dismissed pre trial motions to exclude evidence based on alleged breaches of s. 8 of the Charter. Mr. Mai, Mr. Tang, Mr. Yu and Mr. Saccoccia were convicted of offences related to drug trafficking for the benefit of a criminal organization and possession of proceeds of crime. The Court of Appeal dismissed the appeals.

Lower court rulings

June 27, 2016
Ontario Superior Court of Justice

2016 ONSC 4133

See file
December 21, 2016
Ontario Superior Court of Justice

2016 ONSC 8038, CR-15-30000642;, CR-15-90000159-MO;, CR-16-40000123;

See file
December 2, 2019
Court of Appeal for Ontario

2019 ONCA 942 ;, C64338, C64301, C63924, C64280

Appeals dismissed

Filed documents

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 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 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

Not available

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

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-02-27