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.
40345
His Majesty the King v. William Derek Middlebrook
(Saskatchewan) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-02-20 | Close file on Leave | |
| 2023-02-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-02-16 | Judgment on leave sent to the parties | |
| 2023-02-16 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACR3490, 2022 SKCA 64, dated May 31, 2022, is dismissed. Dismissed |
|
| 2023-01-16 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-10-28 | Certificate (on limitations to public access), 23B | William Derek Middlebrook |
| 2022-10-28 | Certificate (on limitations to public access), 23A | William Derek Middlebrook |
| 2022-10-24 | Certificate (on limitations to public access), 23B-Reply | His Majesty the King |
| 2022-10-24 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-11-04, (Printed version filed on 2022-10-24) | His Majesty the King |
| 2022-10-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-11-04, (Printed version filed on 2022-10-21) | William Derek Middlebrook |
| 2022-09-12 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-09-12 | |
| 2022-08-30 | Certificate (on limitations to public access), 23A-23B | His Majesty the King |
| 2022-08-30 | Application for leave to appeal, (Book Form), Completed on: 2022-08-30, (Printed version due on 2022-09-07) | His Majesty the King |
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 |
|---|---|---|
| His Majesty the King | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Middlebrook, William Derek | Respondent | Active |
Counsel
Party: His Majesty the King
Counsel
Ministry of Justice and Attorney General
300 - 1874 Scarth St.
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-5490
FAX: (306) 787-8878
Email: pouria.tabrizireardigan@gov.sk.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Middlebrook, William Derek
Counsel
311-21st Street East
Saskatoon, Saskatchewan
S7K 0C1
Telephone: (306) 653-5656
FAX: (866) 869-2959
Email: brian@pfefferlelaw.com
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Summary
Keywords
Criminal law — Appeal — Whether the trial judge’s reasons were sufficient — Respondent’s appeal allowed and new trial ordered by the Court of Appeal — Whether the Court of Appeal erred in law by finding that the trial judge’s reasons for judgment were insufficient on the grounds that they did not specifically refer to evidence of a witness’s motive to lie or the defence theories relating to the witness’s credibility or arguments founded on peripheral factual details.
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 trial involved an allegation of a historical sexual assault. The complainant testified that when she was six or seven the events occurred. At the time the respondent was in a relationship with the complainant’s mother. After a trial before a Court of Queen’s Bench judge sitting without a jury, the respondent was convicted of sexual assault and indecent exposure. The Court of Appeal allowed the appeal, and ordered a new trial.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
CRM 367 of 2020
Convictions entered: sexual assault and indecent exposure
Court of Appeal for Saskatchewan
2022 SKCA 64, CACR3490
Appeal allowed; new trial ordered
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