Case information
Consult our database for details on a Supreme Court of Canada case.
39571
Kevin Wagar 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) |
|---|---|---|
| 2021-06-22 | Close file on Leave | |
| 2021-06-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-06-03 | Judgment on leave sent to the parties | |
| 2021-06-03 |
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 application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C64974, 2018 ONCA 931, dated November 21, 2018, is dismissed. Dismissed |
|
| 2021-06-03 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2021-05-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-05-03 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2021-04-26 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-05-04, (Printed version filed on 2021-04-26) | Kevin Wagar |
| 2021-04-21 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-04-26) | Her Majesty the Queen |
| 2021-04-21 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2021-04-23, (Printed version due on 2021-04-28) | Her Majesty the Queen |
| 2021-04-21 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-04-23, (Printed version filed on 2021-04-26) | Her Majesty the Queen |
| 2021-03-23 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 03/23/21 | |
| 2021-02-22 | Notice of change of solicitor, (Letter Form), (Printed version due on 2021-03-01) | Her Majesty the Queen |
| 2021-02-17 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-02-24) | Kevin Wagar |
| 2021-02-17 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2021-03-23 | Kevin Wagar |
| 2021-02-17 | Application for leave to appeal, (Book Form), Missing: Filing Fee (rec'd 2021-03-29), Completed on: 2021-03-29, (Electronic version filed on 2021-02-17) | Kevin Wagar |
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 |
|---|---|---|
| Wagar, Kevin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Wagar, Kevin
Counsel
Toronto, Ontario
M5R 3N7
Telephone: (647) 745-4090
Email: gabe@appellate.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
Party: Her Majesty the Queen
Counsel
720 Bay Street - 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (437) 833-8836
FAX: (416) 326-4656
Email: Hannah.Freeman@ontario.ca
Summary
Keywords
Criminal law — Sentencing — Considerations — Whether the Court of Appeal erred in law by holding that mental illness was not a factor to be taken into consideration when determining a fit sentence.
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 applicant pled guilty to two counts of fraud over $5,000.00. The applicant was sentenced to 5 ½ years’ imprisonment. The Court of Appeal granted leave to appeal the sentence, and dismissed that appeal. The Court of Appeal held that mental illness was not a factor to be taken into consideration when determining a fit sentence.
Lower court rulings
Ontario Superior Court of Justice
CR-15-298
Applicant sentenced to 5 ½ years’ imprisonment
Court of Appeal for Ontario
2018 ONCA 931, C64974
Leave to appeal sentence granted; sentence appeal 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
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