Case information
Consult our database for details on a Supreme Court of Canada case.
39864
Her Majesty the Queen v. Terry Wayne Simon
(Alberta) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-03-04 | Close file on Leave | |
| 2022-02-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-02-17 | Judgment on leave sent to the parties | |
| 2022-02-17 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 2001-0089A, 2021 ABCA 275, dated July 30, 2021, is dismissed. Dismissed |
|
| 2022-01-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-11-25 | Certificate (on limitations to public access) | Terry Wayne Simon |
| 2021-11-25 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-12-13 | Terry Wayne Simon |
| 2021-10-27 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-10-27 | |
| 2021-09-28 | Certificate (on limitations to public access), 23B | Her Majesty the Queen |
| 2021-09-28 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2021-09-28 |
Application for leave to appeal, (Book Form), Require: - Clarification on service to the Respondent rec'd 2021-10-27 - Trial Court decision dated 2019-11-27, Completed on: 2022-01-11, (Printed version filed on 2021-09-29) |
Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Simon, Terry Wayne | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Appeals, Education & Prosecution Policy Branch
300-322 6 Ave SW
Calgary, Alberta
T2T 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: elisa.frank@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
Party: Simon, Terry Wayne
Counsel
301 - 14 Street NW
Suite 461
Calgary, Alberta
T2N 2A1
Telephone: (403) 262-1110
FAX: (403) 262-1115
Email: pawel@yycdefence.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 — Appeals — Standard of review on credibility findings — Court of Appeal substituting their own doubts raised on their review of the record — Whether uneven scrutiny of evidence in the W.(D.) test is a stand alone ground of appeal and if so what does it require —Whether Court of Appeal erred in overturning convictions because of uneven scrutiny in the W.(D.) test or because insufficient reasons were given for believing the victim despite her intoxication and collateral inconsistencies or because trial judge did not fully articulate pathway to conviction on each count
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 IN CASE)
The complainant alleged Mr. Simon sexually assaulted her twice and forcibly confined her during the second assault. Mr. Simon denied the allegations and alleged the complainant sexually assaulted him. The trial judge convicted Mr. Simon for two counts of sexual assault, unlawful confinement and breach of a recognizance. The Court of Appeal allowed an appeal and ordered a new trial.
Lower court rulings
Provincial Court of Alberta
180804999P1
Convictions for two counts of sexual assault, unlawful confinement and breach of a recognizance
Court of Appeal of Alberta (Calgary)
2001-0089A, 2021 ABCA 275
Appeal allowed, convictions overturned and new trial ordered
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