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.
40340
Preston Darnell Scott 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 C67526, 2022 ONCA 317, dated April 25, 2022, is dismissed. Dismissed |
|
| 2023-01-12 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2023-01-05 | Correspondence (sent by the Court) to, the parties, RE: Letter of direction from the Registrar. | |
| 2022-12-23 | Correspondence received from, (Letter Form), (Printed version due on 2023-01-04) | Preston Darnell Scott |
| 2022-11-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-10-12 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-11-04, (Printed version filed on 2022-10-12) | Preston Darnell Scott |
| 2022-10-07 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-10-11) | His Majesty the King |
| 2022-10-07 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-10-28, (Printed version filed on 2022-10-11) | His Majesty the King |
| 2022-09-08 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2022-09-08 | |
| 2022-09-01 | Certificate (on limitations to public access), (Printed version filed on 2022-09-02) | Preston Darnell Scott |
| 2022-09-01 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-09-08, (Printed version filed on 2022-09-20) | Preston Darnell Scott |
| 2022-09-01 |
Application for leave to appeal, (Book Form), Required - CA Order (rec'd 2022-09-27) - Amended Style of Cause (rec'd 2022-09-13), Completed on: 2022-09-27, (Printed version filed on 2022-09-20) |
Preston Darnell Scott |
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 |
|---|---|---|
| Scott, Preston Darnell | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Scott, Preston Darnell
Counsel
238 King Street East
Toronto, Ontario
M5A 1K1
Telephone: (416) 975-1700
FAX: (416) 925-8882
Email: manevich@hicksadams.ca
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
10th Flr. 720 Bay St.
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: manasvin.goswami@ontario.ca
Summary
Keywords
Criminal law — Appeals — Sufficiency of reasons — Unreasonable verdict — Does a Court of Appeal’s mistake as to the substance of the grounds of appeal frustrate the appellate review process and render the process procedurally unfair; if so, is a remedy available for such an error — Is a trial judge required to explain in a circumstantial case why potentially exculpatory evidence did not leave them in a reasonable doubt, and did the Court of Appeal err in its approach to the sufficiency of reasons 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.
Two masked men committed a violent home invasion and robbery. Meanwhile, a police officer was responding to a call from a neighbour reporting that a vehicle had parked in a no-parking zone, he had seen two men exit the vehicle and don ski masks, and the driver remained in the vehicle. The officer found Mr. Scott seated in the front of the vehicle. The testimony of the responding police officer conflicts in part with the testimony of the neighbour. Based on the testimony of the neighbour, Mr. Scott was convicted of robbery for aiding the robbers or for being wilfully blind to their intent to commit robbery. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
2019 ONSC 3545, CR-17-4061
Conviction for robbery
Court of Appeal for Ontario
2022 ONCA 317, C67526
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