Case information
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40207
Barry Alan Wollach v. His Majesty the King
(Alberta) (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) |
|---|---|---|
| 2022-11-16 | Close file on Leave | |
| 2022-11-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-11-04 | Judgment on leave sent to the parties | |
| 2022-11-03 |
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 2001-0210A, 2022 ABCA 95, dated March 16, 2022, is dismissed. Dismissed |
|
| 2022-11-03 | Decision on motion to extend time to file and /or serve the leave application, See Judgment | |
| 2022-10-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-10-04 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-08-03 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-08-10) | His Majesty the King |
| 2022-08-03 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-08-10) | His Majesty the King |
| 2022-08-03 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-08-04, (Printed version filed on 2022-08-03) | His Majesty the King |
| 2022-06-14 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2022-06-09 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-06-20) | Barry Alan Wollach |
| 2022-06-09 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-06-20) | Barry Alan Wollach |
| 2022-06-09 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2022-06-14, (Printed version filed on 2022-06-20) | Barry Alan Wollach |
| 2022-06-09 |
Application for leave to appeal, (Book Form), Required: - Signed CA judgment & Order- dated March 16, 2022 (Rec'd 2022-06-15) - Signed TC judgment & Order - (Rec'd 2022-06-15), Completed on: 2022-07-07, (Printed version filed on 2022-06-20) |
Barry Alan Wollach |
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 |
|---|---|---|
| Wollach, Barry Alan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Wollach, Barry Alan
Counsel
15 Bedford Road
Toronto, Ontario
M5R 2J7
Telephone: (416) 868-1755 Ext: 234
FAX: (416) 868-1990
Email: mbiddulph@15bedford.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: His Majesty the King
Counsel
Appeals, Education & Prosecution Policy Branch
3rd Floor, Centrium Place, 300, 332-6 Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: JSG-ACPS.CAL-Appeals@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Criminal law — Evidence — Assessment — Credibility — Duty to disclose — Whether the test set out in R. v. Dixon as it applies to convictions based exclusively on credibility assessments needs to be clarified — Whether the appellate standard of review as it applies to the sufficiency of reasons in credibility cases needs to be clarified.
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 applicant met the complainant on a dating app. They went out for dinner and returned to his house where sexual activity took place. The complainant sought medical attention the next day. She contacted police three months later. The applicant’s evidence was that the acts were consensual. The complainant testified that she did not consent to the sexual activity. Following the applicant’s conviction and prior to sentencing, the parties discovered and reviewed a two-page written statement the complainant had prepared during her visit the day following the alleged assault. The statement itself was not, however, in the possession of the police, Crown, or defence at the time of trial, nor were any of them aware of its existence at that time. The applicant brought a mistrial application on the basis that he had been precluded from cross-examining the complainant on the contents of the statement, which he argued had inconsistencies. An application for a mistrial was dismissed. The applicant was convicted of sexual assault. The conviction appeal was dismissed.
Lower court rulings
Provincial Court of Alberta
181567520P1, 2020 ABPC 244
Conviction: sexual assault
Court of Appeal of Alberta (Calgary)
2001-0210A, 2022 ABCA 95
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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