Case information
Consult our database for details on a Supreme Court of Canada case.
39938
D.W.M. v. Her Majesty the Queen
(Ontario) (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) |
|---|---|---|
| 2022-04-01 | Close file on Leave | |
| 2022-03-24 |
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 an application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C67264, 2020 ONCA 831, dated December 22, 2020, is dismissed. Dismissed |
|
| 2022-02-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-02-07 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-02-04 | Certificate (on limitations to public access), 23A-B | Her Majesty the Queen |
| 2022-01-27 | Correspondence received from, Applicant will not be filing a Reply | D.W.M. |
| 2022-01-17 |
Respondent's response on the application for leave to appeal, (Book Form), Required: -23A-B (rec'd 2022-02-04) -Proof of service (rec'd 2022-02-04), Completed on: 2022-02-08 |
Her Majesty the Queen |
| 2021-12-16 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-12-16 | |
| 2021-12-02 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2021-12-16 | D.W.M. |
| 2021-12-02 | Certificate (on limitations to public access), 23B | D.W.M. |
| 2021-12-02 | Certificate (on limitations to public access), 23A | D.W.M. |
| 2021-12-02 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2021-12-18, (Printed version due on 2021-12-09) | D.W.M. |
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 |
|---|---|---|
| D.W.M. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: D.W.M.
Counsel
116 Simcoe Street, Suite 100
Toronto, Ontario
M5H 4E2
Telephone: (416) 260-4848
FAX: (416) 342-1766
Email: furgiuele@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: Nicolas.DeMontigny@ontario.ca
Summary
Keywords
Criminal law — Evidence — Burden of proof — Whether Court of Appeal erred in holding that trial judge correctly applied R. v. J.J.R.D. (2006), 215 C.C.C. (3d) 252, thereby allowing a considered and reasoned acceptance to be used rather than a traditional W.(D.) analysis when the available evidence did not allow for it.
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)
A complainant testified that D.W.M. committed sexual offences against her on a regular basis from 1991 to 2003, when she was between the ages of 5 and 16. D.W.M. testified and denied the allegations. The trial judge convicted D.W.M. for sexual assault, sexual interference, invitation to sexual touching, sexual assault with a weapon, and uttering a threat to cause bodily harm. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
2019 ONSC 1130, 7796-17
Convictions for sexual assault, sexual interference, invitation to sexual touching, sexual assault with a weapon, and uttering a threat to cause bodily harm
Court of Appeal for Ontario
2020 ONCA 831, C67264
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