Case information
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39618
Abdulaziz Egal 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) |
|---|---|---|
| 2021-07-02 | Close file on Leave | |
| 2021-06-24 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C65173, 2020 ONCA 106, dated February 12, 2020, is dismissed. Dismissed |
|
| 2021-05-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-05-25 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2021-05-03 |
Certificate (on limitations to public access), (Letter Form), Require: - Amended Form 23A (rec'd 2021-05-12) - Proof of service (rec'd 2021-05-12), (Printed version filed on 2021-05-18) |
Her Majesty the Queen |
| 2021-05-03 |
Respondent's response on the application for leave to appeal, (Book Form), Require: - Amended Form 23A (rec'd 2021-05-12) - Proof of service (rec'd 2021-05-12), Completed on: 2021-05-13, (Printed version filed on 2021-05-18) |
Her Majesty the Queen |
| 2021-04-30 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2021-03-24 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-03-31) | Abdulaziz Egal |
| 2021-03-24 | Notice of name, (Letter Form), (Printed version due on 2021-03-31) | Abdulaziz Egal |
| 2021-03-24 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2021-04-30, (Printed version due on 2021-03-31) | Abdulaziz Egal |
| 2021-03-24 |
Application for leave to appeal, (Book Form), Missing: - Amended notice of application - received 2021-05-18 - New amended version is REQUIRED - CA Order - CA Order Form received 2021-05-04 - TC Order - Unsigned copy received 2021-05-04 - TC Reasons- Unsigned copy received 2021-05-04 - Filing Fee, Completed on: 2021-05-26, (Printed version filed on 2021-04-01) |
Abdulaziz Egal |
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 |
|---|---|---|
| Egal, Abdulaziz | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Egal, Abdulaziz
Counsel
Laura Remigio
302 - 559 College Street
Toronto, Ontario
M6G 1A9
Telephone: (416) 304-1414
FAX: (416) 304-1345
Email: derstine@derstinepenman.com
Party: Her Majesty the Queen
Counsel
Megan Petrie
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: EserviceCLOC@ontario.ca
Summary
Keywords
Criminal law — Evidence — Charge to jury — Whether evidence prejudicial to accused and led by counsel for adverse co-accused was properly admitted given its prejudicial effect — Instructions to jury on mens rea for second degree murder in cases involving co principal liability.
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.
A man was beaten by four assailants and fatally stabbed during the assault. Mr. Egal was charged with second degree murder and tried jointly with three co-accused. Counsel for one co-accused cross-examined a witness on something the latter said during a police interview that, if believed, was prejudicial to Mr. Egal. The charge to the jury included instructions on the mental element of second degree murder. The jury convicted Mr. Egal of second degree murder. The Court of Appeal dismissed his appeal.
Lower court rulings
Court of Appeal for Ontario
2020 ONCA 106, C65173
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