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.
40287
Dwayne Campbell v. His Majesty the King
(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) |
|---|---|---|
| 2023-01-12 | Close file on Leave | |
| 2023-01-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-01-12 | Judgment on leave sent to the parties | |
| 2023-01-12 |
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 for Ontario, Number C68302, 2022 ONCA 223, dated March 21, 2022, is dismissed. Dismissed |
|
| 2023-01-12 |
Decision on the miscellaneous motion Dismissed |
|
| 2023-01-12 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2022-11-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-11-21 | Submission of miscellaneous motion, for consideration by the Court | |
| 2022-11-21 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-10-13 | Reply to miscellaneous motion, (Letter Form), Completed on: 2022-10-14, (Printed version due on 2022-10-20) | Dwayne Campbell |
| 2022-08-26 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-09-02) | His Majesty the King |
| 2022-08-22 | Response to miscellaneous motion, (Included in the respondent's response on the application for leave to appeal), Completed on: 2022-08-25 | His Majesty the King |
| 2022-08-22 | Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), Completed on: 2022-08-25 | His Majesty the King |
| 2022-08-22 | Respondent's response on the application for leave to appeal, (Letter Form), 23A missing - rec'd 2022/08/26, Completed on: 2022-08-26, (Printed version due on 2022-08-29) | His Majesty the King |
| 2022-07-21 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2022-07-21 | |
| 2022-07-20 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-07-21) | Dwayne Campbell |
| 2022-07-20 | Notice of miscellaneous motion, (Book Form), (Included in the application for leave to appeal), MOTION TO JOIN - , Completed on: 2022-07-21, (Printed version filed on 2022-07-21) | Dwayne Campbell |
| 2022-07-20 | 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: 2022-07-21, (Printed version filed on 2022-07-21) | Dwayne Campbell |
| 2022-07-20 |
Application for leave to appeal, (Book Form), Required: - CA Order (Rec'd 2022-07-27) - Amended copy of Notice of Application citing the correct Name (Rec'd 2022-07-27) -Amended copy of Notice of Motion to Join citing the correct SCC file # (Rec'd 2022-07-27), Completed on: 2022-07-28, (Printed version filed on 2022-07-21) |
Dwayne Campbell |
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 |
|---|---|---|
| Campbell, Dwayne | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Campbell, Dwayne
Counsel
Riaz Sayani
100-116 Simcoe St.
Toronto
M5H 4E2
Telephone: (416) 789-7843
Email: james@savardfoy.ca
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: His Majesty the King
Counsel
Andrew Hotke
720 Bay Street, 10th Floor
McMurtry-Scott Bldg
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: michael.fawcett@ontario.ca
Summary
Keywords
Charter of Rights — Delay — Trial postponed — Application for stay of proceedings — Right to be tried within a reasonable time — What is the analytical framework for determining whether a trial has taken markedly longer than it should have? — What is the appropriate standard of review when reviewing a trial judge’s below-ceiling stay analysis?
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.
The applicant, Dwayne Campbell, together with a co-accused, participated in a home invasion on December 19, 2016. The trial regarding the charges relating to the event was scheduled to commence on July 8, 2019, following two prior adjourned trials as a result of the co-accused’s conduct. The applicant applied for a stay of proceedings for violation of s. 11(b) of the Charter. The application judge dismissed the application. The applicant was convicted of two counts of robbery, two counts of forcible confinement and use of an imitation firearm in the commission of an offence. He appealed the convictions and alleged that the application judged erred in dismissing his application. The Court of Appeal for Ontario unanimously dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
2019 ONSC 4228, CR-17-656
Applicant convicted of two counts of robbery, two counts of forcible confinement and use of imitation firearm in commission of offence.
Court of Appeal for Ontario
2022 ONCA 223, C68302
Appeal against convictions 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