Case information
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40249
Devon Burry v. His Majesty the King
(Newfoundland & Labrador) (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) |
|---|---|---|
| 2023-03-14 | Close file on Leave | |
| 2023-03-14 | Reconsideration not accepted for filing, Letter by the Registrar (sent by email) | |
| 2023-02-17 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2023-02-03 | Letter acknowledging receipt of an incomplete motion for reconsideration | |
| 2022-10-27 |
Motion for reconsideration of the application for leave to appeal, (Book Form), MISSING : -Proof of Service, in accordance to Rule 20(8) of the Rules of the Supreme Court of Canada (rec' 02/14/23) -Amended notice of motion for reconsideration (rec' 02/14/23), Completed on: 2023-02-17 |
Devon Burry |
| 2022-09-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-09-29 | Judgment on leave sent to the parties | |
| 2022-09-29 |
Judgment of the Court on the application for leave to appeal, See decision on application , The application for leave to appeal from the judgment of the Court of Appeal of Newfoundland and Labrador, Number 202001H0029, 2022 NLCA 11, dated February 17, 2022, is dismissed without costs. Dismissed |
|
| 2022-08-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-08-19 | Correspondence received from, (Letter Form), (Printed version due on 2022-08-26) | Devon Burry |
| 2022-08-17 | Supplemental document, (Letter Form), supplemental 06: SCTD Order, (Printed version due on 2022-08-24) | His Majesty the King |
| 2022-08-04 |
Supplemental document, (Letter Form), (2 volumes), supplemental 04: Provincial Court Transcript, volume 1 supplemental 05: Provincial Court Transcript, volume 2, (Printed version due on 2022-08-11) |
His Majesty the King |
| 2022-08-02 | Supplemental document, (Letter Form), supplemental 03: signed copy of the summary conviction appeal court judgment dated March 5, 2020, (Printed version due on 2022-08-09) | His Majesty the King |
| 2022-07-29 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-08-29) | Devon Burry |
| 2022-07-27 |
Supplemental document, (Letter Form), Supplemental 01: CA Order dated 2022-02-17 Supplemental 02: CA Reasons dated 2022-02-17 , (Printed version due on 2022-08-04) |
His Majesty the King |
| 2022-07-15 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-07-22) | His Majesty the King |
| 2022-06-28 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2022-06-28 | |
| 2022-04-29 |
Respondent's response on the application for leave to appeal, (Letter Form), require: -proof of service (rec'd 2022-07-15) -23A (rec'd 2022-07-15), Completed on: 2022-07-15, (Printed version due on 2022-05-06) |
His Majesty the King |
| 2022-03-28 |
Application for leave to appeal, (Book Form), require: -Public access form (rec'd 2022-07-29) -Summary conviction appeal - Judgment (filed by respondent 2022-08-02) -Summary conviction appeal - Order (filed by respondent 2022-08-17) -Provincial Court - Transcript (filed by respondent 2022-08-04) -CA judgment and Order (filed by respondent 2022-07-27) -Proof of service (rec'd respondent's response 2022-04-29), Completed on: 2022-08-19, (Electronic version filed on 2022-06-28) |
Devon Burry |
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 |
|---|---|---|
| Burry, Devon | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Burry, Devon
This party is not represented by counsel.
Party: His Majesty the King
Counsel
Crown Attorney's Office, Dept of Justice and Public Safety
204-97 Manitoba Drive
Clarenville, Newfoundland & Labrador
A5A 1K3
Telephone: (709) 466-7463
FAX: (709) 466-1378
Email: ArnoldHussey@gov.nl.ca
Summary
Keywords
Criminal law — Appeals — Whether Court of Appeal erred in reframing grounds of appeal to exclude original grounds — Whether Court of Appeal erred in characterizing application of the law with regard to consent as a question of mixed fact and law — Whether Court of Appeal erred in characterizing onus of proof, credibility assessment, and consent law as having no general importance to administration of justice?
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. Burry was convicted on two counts of sexual assault for inappropriately touching a complainant while they were travelling in his truck. A summary conviction appeal was dismissed and the Court of Appeal for Newfoundland and Labrador dismissed an application for leave to appeal.
Lower court rulings
Supreme Court of Newfoundland and Labrador, General Division
201905G0090
Summary conviction appeal dismissed
Court of Appeal of Newfoundland and Labrador
202001H0029
Application for leave to 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
Not available
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
Not available