Case information
Consult our database for details on a Supreme Court of Canada case.
39687
NBM v. Her Majesty the Queen
(Alberta) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2021-10-22 | Close file on Leave | |
| 2021-10-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-10-21 | Judgment on leave sent to the parties | |
| 2021-10-21 |
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 of Alberta (Calgary), Number 1801-0308-A, 2021 ABCA 14, dated January 21, 2021, is dismissed. Dismissed |
|
| 2021-10-21 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2021-09-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-09-20 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2021-07-21 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version due on 2021-07-28) | Her Majesty the Queen |
| 2021-07-21 |
Certificate (on limitations to public access), (Letter Form), 23A require: amended 23A, (Printed version due on 2021-07-28) |
Her Majesty the Queen |
| 2021-07-21 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-09-14, (Printed version due on 2021-07-28) | Her Majesty the Queen |
| 2021-06-11 |
Correspondence received from, Court Order Form Estimate as to when court order will be filed: 2021-06-11 |
NBM |
| 2021-06-09 |
Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2021-06-09 |
|
| 2021-05-04 |
Supplemental document, (2 volumes), Lower Courts proceedings transcripts Proof of service require - rec'd 2021-06-09 |
NBM |
| 2021-05-04 |
Supplemental document, (4 volumes), Court of appeal Transcripts of interview Proof of service REQUIRE - rec'd 2021-06-09 |
NBM |
| 2021-05-04 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Proof of service REQUIRE - rec'd 2021-06-09 , Completed on: 2021-06-02 |
NBM |
| 2021-05-04 |
Certificate (on limitations to public access), 23B REQUIRE - Amended 23A -23B - rec'd 2021-09-23 - Proof of service : - rec'd 2021-06-09 |
NBM |
| 2021-05-04 |
Certificate (on limitations to public access), - Amended 23A -23B - rec'd 2021-09-23 Proof of service REQUIRE - rec'd 2021-06-09 |
NBM |
| 2021-05-04 |
Application for leave to appeal, (Book Form), Require: - Court of appeal Order (rec'd 2021-08-17) - Amended application - rec' 2021-06-07, 2021-06-23 - TC Order - rec' 2021-06-11 - TC reasons for judgments - rec' 2021-06-07 - Amended memorandum - rec' 2021-06-23 - Proof of service - rec' 2021-06-09, Completed on: 2021-09-20, (Printed version filed on 2021-06-25) |
NBM |
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 |
|---|---|---|
| NBM | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: NBM
Counsel
109E, 1144 – 29th Avenue NE
Calgary, Alberta
T2E 7P1
Telephone: (587) 323-5133
FAX: (403) 351-1664
Email: Efrayim@MoldofskyLaw.ca
Party: Her Majesty the Queen
Counsel
3rd Floor, Centrium Place
300, 332 - 6 Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: julie.morgan@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Criminal law — Evidence — Whether the Court of Appeal erred in dismissing the appeal from conviction — Whether there has been a misapprehension of evidence and an unreasonable verdict; an uneven scrutiny of the evidence; a misuse of bad character evidence; a misuse of myths and stereotypes; and an error relating to the Jordan analysis.
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.
(PUBLICATION BAN ON PARTY)
The applicant was convicted of confinement, sexual interference, incest and sexual assault causing bodily harm of his young daughter. The applicant’s conviction appeal was dismissed.
Lower court rulings
Court of Queen’s Bench of Alberta
131296162Q1
Convictions entered: confinement, sexual interference, incest and sexual assault causing bodily harm.
Court of Appeal of Alberta (Calgary)
1801-0308-A, 2021 ABCA 14
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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