Case information
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39787
Lavare Williams 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) |
|---|---|---|
| 2022-01-21 | Close file on Leave | |
| 2022-01-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-01-13 | Judgment on leave sent to the parties | |
| 2022-01-13 |
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 C59931, 2019 ONCA 940, dated November 29, 2019, is dismissed. Dismissed |
|
| 2022-01-13 |
Decision on motion to extend time to file and /or serve the leave application, see judgment on application for leave to appeal Granted |
|
| 2021-11-29 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-11-29 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2021-10-18 | Applicant's reply to respondent's argument, (Book Form), (joint reply with 39779), Completed on: 2021-10-20, (Printed version due on 2021-10-25) | Lavare Williams |
| 2021-10-08 | Respondent's response on the application for leave to appeal, (Book Form), Joint response in 39779 & 39787, Completed on: 2021-10-20, (Printed version due on 2021-10-18) | Her Majesty the Queen |
| 2021-10-08 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2021-09-13 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-09-13 | |
| 2021-08-24 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-08-25) | Lavare Williams |
| 2021-08-24 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), - Supplementary affidavit (SUP 01) - rec'd electronic copy 2021-09-16 / paper copy 2021-09-20, Completed on: 2021-09-11, (Printed version filed on 2021-08-25) | Lavare Williams |
| 2021-08-24 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2021-08-24, (Printed version filed on 2021-08-25) | Lavare Williams |
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 |
|---|---|---|
| Williams, Lavare | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Williams, Lavare
Counsel
235 King Street East
1st floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: shutchison@hhllp.ca
Party: Her Majesty the Queen
Counsel
Catherine Weiler
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4191
FAX: (416) 326-4656
Email: benita.wassenaar@ontario.ca
Summary
Keywords
Criminal law — Evidence — Bias — Expert opinion evidence — Whether trial counsel must raise bias by the trial judge at trial in order to raise the bias on appeal — Whether expert opinion evidence is admissible if a trial judge fails to assess the expert’s bias at the threshold level?
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.
Mr. Williams was charged with second degree murder following a fatal shooting. Crown counsel alleged that the shooting was gang related and that Mr. Williams belonged to a street gang known as M.O.B. Klick. The defence argued M.O.B. Klick was a legitimate rap group with no gang affiliation. The Crown was granted leave to call a police officer to testify as an expert on street gangs. During trial, conflict between Mr. Williams’ counsel and the trial judge prompted the trial judge to repeatedly intervene and criticize counsel, sometimes using harsh language. A jury convicted Mr. Williams of second degree murder. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
12-400000008-0000 ;, 2013 ONSC 3100
See file
Court of Appeal for Ontario
2019 ONCA 940, C59931
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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
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