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.
40388
Yunlong Li 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) |
|---|---|---|
| 2023-02-20 | 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 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 C68330, 2022 ONCA 523, dated July 12, 2022, is dismissed. Dismissed |
|
| 2023-02-16 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2023-01-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-01-09 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-11-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-11-23, (Printed version filed on 2022-11-23) | Yunlong Li |
| 2022-11-14 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-11-30) | His Majesty the King |
| 2022-11-14 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-11-30, (Printed version filed on 2022-11-30) | His Majesty the King |
| 2022-10-24 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-11-14, (Printed version due on 2022-10-31) | Yunlong Li |
| 2022-10-18 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED: 2022-10-18 | |
| 2022-10-03 | Certificate (on limitations to public access), (Letter Form), Form 23A | Yunlong Li |
| 2022-10-03 |
Application for leave to appeal, (Book Form), Missing: - Motion for extension of time (rec'd 2022-10-24), Completed on: 2022-11-14, (Printed version filed on 2022-10-03) |
Yunlong Li |
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 |
|---|---|---|
| Li, Yunlong | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Li, Yunlong
Counsel
Ian B. Kasper
161 Bay Street
Suite 2900
Toronto, Ontario
M5J 2S1
Telephone: (416) 363-2700
FAX: (416) 363-2787
Email: akk@kapoorbarristers.com
Agent
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Party: His Majesty the King
Counsel
Crown Law Office Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (437) 833-8842
FAX: (416) 326-4656
Email: davin.garg@ontario.ca
Summary
Keywords
Charter of Rights and Freedoms — Right to counsel — What are police required to do to ensure a detainee understands their s. 10(b) Charter rights where the detainee has limited facility with English or French?
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. Li was arrested at the scene of a single motor vehicle accident for impaired driving. When advised of his right to counsel, he said he did not understand. The officer repeated the caution slowly and phrased it differently. At a hospital, before providing breath samples, Mr. Li spoke to Mandarin-speaking duty counsel. Later, at a police station, he was re-arrested for impaired operation of a motor vehicle causing bodily harm and again spoke to duty counsel. A trial judge admitted the evidence of the breath sample test results and convicted Mr. Li of impaired driving causing bodily harm. A charge of driving over .80 was stayed. A Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
141/17, 2019 ONSC 169
Evidence ruled admissible
Court of Appeal for Ontario
2022 ONCA 523, C68330
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