Case information
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40349
C.B. v. His Majesty the King
(Ontario) (Criminal) (By Leave)
(Publication ban in case) (Sealing order)
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 application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C69047, 2022 ONCA 572, dated August 3, 2022, is dismissed. Dismissed |
|
| 2022-11-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-11-07 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-11-07) | C.B. |
| 2022-11-07 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-11-07, (Printed version filed on 2022-11-07) | C.B. |
| 2022-10-28 | Certificate (on limitations to public access), (Letter Form), 23B | His Majesty the King |
| 2022-10-28 | Certificate (on limitations to public access), (Letter Form), 23A | His Majesty the King |
| 2022-10-28 |
Respondent's response on the application for leave to appeal, (Book Form), SEALED Redacted copy rec'd 2022/10/28, Completed on: 2022-11-09, (Printed version filed on 2022-11-02) |
His Majesty the King |
| 2022-09-29 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2022-10-07) | C.B. |
| 2022-09-29 | Application for leave to appeal, (Book Form), Completed on: 2022-10-03, (Printed version due on 2022-10-07) | C.B. |
| 2022-09-22 |
Supplemental document, (Letter Form), supplemental 01: R v C.B. ONCA Letter Re 2022 ONCA 536, July 19, 2022 supplemental 02: R v C.B. 2022 ONCA 536, July 19, 2022, (Printed version due on 2022-09-29) |
C.B. |
| 2022-09-22 | Correspondence received from, (Letter Form) | C.B. |
| 2022-09-13 | Letter acknowledging receipt of a notice of application for leave to appeal, FILE OPENED 2022-09-13 | |
| 2022-09-12 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2022-09-12) | C.B. |
| 2022-09-12 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2022-09-12) | C.B. |
| 2022-09-12 |
Notice of application for leave to appeal, (Letter Form), Amended Form 23A (rec'd 2022-09-15) Amended Form 23B (rec'd 2022-09-15), Completed on: 2022-09-12, (Printed version filed on 2022-09-12) |
C.B. |
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 |
|---|---|---|
| C.B. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: C.B.
Counsel
Unit 101A
Windsor, Ontario
N9A 2S4
Telephone: (519) 254-1518
FAX: (519) 254-2952
Email: mgordnerlaw@gmail.com
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: His Majesty the King
Counsel
Crown Law Office - Criminal
10th Floor, 720 Bay Street
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-5922
FAX: (416) 326-4656
Email: vallery.bayly@ontario.ca
Summary
Keywords
Criminal law — Evidence — How evidence of complainant’s motive to fabricate must be dealt with by both the trial court and Court of Appeal where clearly raised, credible and relevant — How factors of s. 278.5 of the Criminal Code should be weighed where complainant offers parts of a diary to the court and admits they are relevant?
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.
(PUBLICATION BAN IN CASE) (SEALING ORDER)
C.B. was charged with sexual offences. The complainant was 13 to 16 years old at the time of the offences. C.B. applied for an order for production of the complainant’s diary for the relevant period of time to support argument that the complainant was motivated to fabricate the allegations of sexual offences. The trial judge dismissed the application and refused to reconsider her decision. C.B was convicted of sexual assault, sexual interference, and invitation to sexual touching. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
Convictions for sexual assault, sexual interference, invitation to sexual touching
Court of Appeal for Ontario
2022 ONCA 572, C69047
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