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.
39836
Odain Gardner 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) |
|---|---|---|
| 2022-03-08 | Close file on Leave | |
| 2022-02-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-02-10 | Judgment on leave sent to the parties | |
| 2022-02-10 |
Judgment of the Court on the application for leave to appeal, The motion to appoint counsel is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C67014, 2021 ONCA 539, dated July 27, 2021, is dismissed. Dismissed |
|
| 2022-02-10 |
Decision on the motion to appoint counsel, see judgment on application for leave to appeal Dismissed |
|
| 2022-01-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-01-10 | Submission of motion to appoint counsel, for consideration by the Court | |
| 2021-12-22 | Response to the motion to appoint counsel, (Letter Form), Completed on: 2022-01-10, (Printed version due on 2021-12-31) | Her Majesty the Queen |
| 2021-12-10 | Motion to appoint counsel, (Book Form), Completed on: 2022-01-10, (Printed version filed on 2021-12-15) | Odain Gardner |
| 2021-11-23 | Applicant's reply to respondent's argument, (Book Form), received: amended reply (rec'd 2021-11-29), Completed on: 2021-11-30, (Printed version filed on 2021-11-26) | Odain Gardner |
| 2021-11-17 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-11-19) | Her Majesty the Queen |
| 2021-11-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-11-30, (Printed version filed on 2021-11-19) | Her Majesty the Queen |
| 2021-10-18 |
Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-10-18 |
|
| 2021-09-24 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-09-24) | Odain Gardner |
| 2021-09-24 | Application for leave to appeal, (Book Form), Indictment include, Completed on: 2021-09-24, (Printed version filed on 2021-09-24) | Odain Gardner |
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 |
|---|---|---|
| Gardner, Odain | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Gardner, Odain
Counsel
Cara Barbisan
116 Simcoe Street, Suite 100
Toronto, Ontario
M5H 4E2
Telephone: (416) 597-6907
FAX: (416) 342-1766
Email: doucette@dfrlitigation.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: Robin.Flumerfelt@ontario.ca
Summary
Keywords
Criminal law — Charge to jury — After-the-fact conduct — Flight — Circular reasoning — Whether an instruction to the jury allowing a shooter’s flight to be used as evidence to infer the accused was the shooter was improper tautological reasoning?
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.
Two men were seen fleeing from the scene immediately after a fatal shooting. Mr. Gardner was tried before a jury and the Crown’s theory at trial was that he was the shooter. The jury charge in part directed the jury that they could find that any, all or some of the accused’s flight from the scene was circumstantial evidence that the accused was a participant to the shooting. The jury convicted Mr. Gardner of first degree murder. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
17-0079
Conviction by jury of first degree murder
Court of Appeal for Ontario
2021 ONCA 539, C67014
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