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.
39489
Gary Garrell 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) |
|---|---|---|
| 2021-04-29 | Close file on Leave | |
| 2021-03-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-03-19 | Judgment on leave sent to the parties | |
| 2021-03-19 | Judgment on leave sent to the parties | |
| 2021-03-18 |
Judgment of the Court on the application for leave to appeal, The motion to appoint counsel is dismissed. 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 C65211, 2020 ONCA 127, dated February 10, 2020, is dismissed. Dismissed |
|
| 2021-03-18 |
Decision on motion to extend time to file and /or serve the leave application, see decision on application Granted |
|
| 2021-03-18 |
Decision on the motion to appoint counsel, see decision on application Dismissed |
|
| 2021-02-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-02-22 | Submission of motion to appoint counsel, for consideration by the Court | |
| 2021-02-22 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2021-01-28 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2021-01-28 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2021-02-23 | Her Majesty the Queen |
| 2020-12-22 | Certificate (on limitations to public access) | Gary Garrell |
| 2020-12-21 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2020-12-21 | |
| 2020-11-20 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2020-12-21 | Gary Garrell |
| 2020-11-20 | Motion to appoint counsel, (Book Form), Completed on: 2020-12-21 | Gary Garrell |
| 2020-11-20 |
Application for leave to appeal, (Book Form), missing: TC judgment and Order received: -public access to info form - rec' 2020-12-22 -CA Order - rec' 2020-12-22, Completed on: 2021-02-23 |
Gary Garrell |
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 |
|---|---|---|
| Garrell, Gary | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Garrell, Gary
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
Crown Attorney - Criminal Appeals
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: Catherine.Weiler@ontario.ca
Summary
Keywords
Criminal law — Appeals — Review of jury charge — Whether the failure of trial counsel to object to a portion of a jury charge is fatal — Can an applicant dispute a trial judge’s failure to provide a W. (D.) jury instruction with respect to exculpatory trial evidence absent an objection from trial counsel — R. v. W.(D.), [1991] 1 S.C.R. 742.
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.
Three witnesses implicated the applicant in a home-invasion robbery, in which the homeowner was shot. A Crown witness, G., pled guilty to participating in the robbery and gave evidence of the applicant’s role in agreed facts at his plea. At the applicant’s trial, G. gave a more exculpatory version, although the facts he pled to were admitted for their truth. After a trial by judge and jury, the applicant was convicted of armed robbery. The applicant was sentenced to 8.5 years’ imprisonment. The Court of Appeal dismissed the conviction appeal. The sentence appeal was granted only to the extent of crediting 90 days pre sentence custody, reducing the applicant’s custodial term by 90 days.
Lower court rulings
Ontario Superior Court of Justice
Conviction: armed robbery
Court of Appeal for Ontario
2020 ONCA 127 ;, C65211 ;
See file
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
Related links
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
Related links
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