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.
40318
Max Edwin Tutiven 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) |
|---|---|---|
| 2022-12-13 | Close file on Leave | |
| 2022-12-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-12-01 | Judgment on leave sent to the parties | |
| 2022-12-01 |
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 C68453, 2022 ONCA 97, dated February 3, 2022, is dismissed. Dismissed |
|
| 2022-12-01 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on the application. Granted |
|
| 2022-10-31 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-10-31 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-09-20 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-09-21) | His Majesty the King |
| 2022-09-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-09-20, (Printed version filed on 2022-09-21) | His Majesty the King |
| 2022-08-18 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-08-18 | |
| 2022-08-12 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-08-25) | Max Edwin Tutiven |
| 2022-08-12 | 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: 2022-08-18, (Printed version filed on 2022-08-15) | Max Edwin Tutiven |
| 2022-08-12 | Application for leave to appeal, (Book Form), Completed on: 2022-08-18, (Printed version filed on 2022-08-25) | Max Edwin Tutiven |
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 |
|---|---|---|
| Tutiven, Max Edwin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Tutiven, Max Edwin
Counsel
Sarah N. Weinberger
161 Bay Street
Suite 2900
Toronto, Ontario
M5J 2S1
Telephone: (416) 363-2700
FAX: (416) 363-2787
Email: akk@kapoorbarristers.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: His Majesty the King
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
Email: tracy.kozlowski@ontario.ca
Summary
Keywords
Criminal law — Charge to jury — Whether the trier of fact in a criminal trial should be instructed that rejection of the accused’s statements cannot be used as evidence of guilt.
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. Prajapati, who was working as a gas station attendant, noticed that Mr. Tutiven was driving away without paying. The video footage from the gas station showed that Mr. Prajapati ran outside and ran towards Mr. Tutiven’s vehicle with his hands raised in a manner that suggested he was trying to attract his attention. Mr. Tutiven’s vehicle struck Mr. Prajapati and he was dragged under the vehicle. Mr. Prajapati died as a result of multiple blunt force injuries. Mr. Tutiven fled from the scene. After a trial by judge and jury, Mr. Tutiven was found guilty of second degree murder. The conviction appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
2017 ONSC 6774, CR/16/40000/4710000
Conviction entered: second degree murder
Court of Appeal for Ontario
2022 ONCA 97, C68453
Conviction 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 613‑996‑7933 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