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.
40447
His Majesty the King v. Edwin Tsang
(British Columbia) (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) |
|---|---|---|
| 2024-12-11 | Appeal closed | |
| 2024-03-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2024-03-08 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2024-03-08 |
Judgment on the appeal rendered, CJ Côt Row Mar Kas Ja Ob, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA47290, 2022 BCCA 345, dated October 14, 2022, heard on May 18, 2023, is allowed. The order of the Court of Appeal is set aside and the respondent’s conviction is restored. Allowed |
|
| 2023-06-01 | Transcript received, 149 pages | |
| 2023-05-18 | Judgment reserved OR rendered with reasons to follow | |
| 2023-05-18 |
Hearing of the appeal, 2023-05-18, CJ Côt Row Mar Kas Ja Ob Judgment reserved |
|
| 2023-05-18 | General proceeding, Case sensitivity questionnaire | Edwin Tsang |
| 2023-05-18 |
General proceeding, Case sensitivity questionnaire Joint with 40095 |
His Majesty the King |
| 2023-05-16 | Certificate (on limitations to public access), Form 23B | Edwin Tsang |
| 2023-05-16 | Respondent's condensed book, (Book Form) | Edwin Tsang |
| 2023-05-16 | Certificate (on limitations to public access), Form 23B | His Majesty the King |
| 2023-05-16 | Appellant's condensed book, (Book Form) | His Majesty the King |
| 2023-05-04 | Intervener's factum, (Book Form), Completed on: 2023-05-09, (Printed version filed on 2023-05-09) | Association québécoise des avocats et avocates de la défense |
| 2023-05-02 | Other book of authorities, (Book Form), Completed on: 2023-05-02, (Printed version filed on 2023-05-02) | West Coast Legal Education and Action Fund Association and Women's Legal Education and Action Fund |
| 2023-05-02 | Intervener's factum, (Book Form), Completed on: 2023-05-02, (Printed version filed on 2023-05-02) | West Coast Legal Education and Action Fund Association and Women's Legal Education and Action Fund |
| 2023-05-02 |
Notice of appearance, Megan Stephens, Humera Jabir and Roxana Parsa will appear before the Court. Megan Stephens will present oral argument. |
West Coast Legal Education and Action Fund Association and Women's Legal Education and Action Fund |
| 2023-05-02 | Intervener's factum, (Book Form), Completed on: 2023-05-03, (Printed version filed on 2023-05-03) | Attorney General of Alberta |
| 2023-05-02 | Notice of appearance, Richard S. Fowler, K.C. and Eric Purtzki will appear before the Court. Richard S. Fowler, K.C. will present oral argument. | Edwin Tsang |
| 2023-05-02 | Order on motion to strike out, by the Chief Justice (sent to parties by email) | |
| 2023-05-02 |
Decision on motion to strike out, CJ, UPON APPLICATION by the respondent for an order to strike the appellant’s reply factum; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2023-05-02 | Submission of motion to strike out, CJ | |
| 2023-05-01 | Reply to motion to strike out, (Letter Form), Completed on: 2023-05-01 | Edwin Tsang |
| 2023-04-28 | Response to motion to strike out, Completed on: 2023-04-28 | His Majesty the King |
| 2023-04-27 | Notice of appearance, Me Hugo Caissy and Me Myralie Roussin will appear before the Court virtually. Me Hugo Caissy will present oral argument. | Association québécoise des avocats et avocates de la défense |
| 2023-04-27 | Notice of appearance, Gregory P. Delbigio K.C. and Daniel J. Song, K.C. will appear before the Court virtually. Gregory P. Delbigio K.C. will present oral argument. | Independent Criminal Defence Advocacy Society |
| 2023-04-26 | Response to motion to strike out, (Letter Form), (by email), Completed on: 2023-05-01 | Trial Lawyers Association of British Columbia |
| 2023-04-26 | Notice of appearance, Sarah Clive will appear before the Court virtually and will be presenting oral submissions. | Attorney General of Alberta |
| 2023-04-25 |
Motion to strike out, (Book Form), the appellant's reply factum MISSING: Filing Fee, Incomplete |
Edwin Tsang |
| 2023-04-25 | Notice of appearance, Susanne Elliott and Christie Lusk will appear before the Court. both Ms. Elliott and Ms. Lusk will be presenting oral arguments. | His Majesty the King |
| 2023-04-25 | Notice of appearance, Mr. Mark Iyengar and Benjamin Reedijk will appear before the Court and Mr. Iyengar will present oral argument. | Trial Lawyers Association of British Columbia |
| 2023-04-21 | Certificate (on limitations to public access), Form 23B | His Majesty the King |
| 2023-04-21 | Reply factum on appeal, (Book Form), Completed on: 2023-04-21, (Printed version filed on 2023-04-21) | His Majesty the King |
| 2023-04-11 | Certificate (on limitations to public access), Form 23B, (Printed version due on 2023-04-18) | Edwin Tsang |
| 2023-04-11 | Respondent's factum, (Book Form), Completed on: 2023-04-11, (Printed version due on 2023-04-18) | Edwin Tsang |
| 2023-04-11 | Order on motion for leave to intervene, by JAMAL J. | |
| 2023-04-11 |
Decision on the motion for leave to intervene, Ja, UPON APPLICATIONS by the Independent Criminal Defence Advocacy Society, l’Association Québécoise des avocats et avocates de la defense, the Trial Lawyers Association of British Columbia, the West Coast Legal Education and Action Fund Association, the Women’s Legal Education and Action Fund Inc. and the Attorney General of Alberta for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted. The intervener factums which were filed in the R. v. Kruk appeal (40095) by the Independent Criminal Defence Advocacy Society and the Trial Lawyers Association of British Columbia are allowed to apply to this appeal. The Association Québécoise des avocats et avocates de la defense, the West Coast Legal Education and Action Fund Association and the Women’s Legal Education and Action Fund Inc. and the Attorney General of Alberta shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, on or before May 4, 2023. The Association Québécoise des avocats et avocates de la defense, the West Coast Legal Education and Action Fund Association and the Women’s Legal Education and Action Fund Inc. and the Attorney General of Alberta are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The interveners or group of interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners or groups of interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions. Granted |
|
| 2023-04-11 | Submission of motion for leave to intervene, Ja | |
| 2023-04-05 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2023-04-05, (Printed version due on 2023-04-14) | Edwin Tsang |
| 2023-04-05 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2023-04-05, (Printed version due on 2023-04-14) | His Majesty the King |
| 2023-04-03 | Notice of name, (Letter Form), (Printed version filed on 2023-04-11) | Trial Lawyers Association of British Columbia |
| 2023-04-03 | Motion for leave to intervene, (Book Form), Completed on: 2023-04-04, (Printed version filed on 2023-04-11) | Trial Lawyers Association of British Columbia |
| 2023-04-03 | Notice of name, (Letter Form), (Printed version filed on 2023-04-03) | West Coast Legal Education and Action Fund Association and Women's Legal Education and Action Fund |
| 2023-04-03 | Motion for leave to intervene, (Book Form), Completed on: 2023-04-04, (Printed version filed on 2023-04-03) | West Coast Legal Education and Action Fund Association and Women's Legal Education and Action Fund |
| 2023-04-03 | Notice of name, (Letter Form), (Printed version filed on 2023-04-04) | Association québécoise des avocats et avocates de la défense |
| 2023-04-03 | Motion for leave to intervene, (Book Form), Completed on: 2023-04-04, (Printed version filed on 2023-04-04) | Association québécoise des avocats et avocates de la défense |
| 2023-04-03 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 04/12/23), Completed on: 2023-05-09, (Printed version filed on 2023-04-03) | Attorney General of Alberta |
| 2023-03-30 | Notice of name, (Letter Form), (Printed version filed on 2023-03-30) | Independent Criminal Defence Advocacy Society |
| 2023-03-28 |
Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 03/31/23), Notice of Name (rec' 03/30/23) Proof of Service (rec' 03/31/23), Completed on: 2023-05-09, (Printed version filed on 2023-03-30) |
Independent Criminal Defence Advocacy Society |
| 2023-03-13 | Certificate (on limitations to public access), Form 23B | His Majesty the King |
| 2023-03-13 | Certificate of counsel (attesting to record) | His Majesty the King |
| 2023-03-13 | Appellant's book of authorities, (Book Form), Completed on: 2023-03-13, (Printed version filed on 2023-03-13) | His Majesty the King |
| 2023-03-13 | Appellant's record, (Book Form), (2 volumes), PUB-BAN, Completed on: 2023-03-13, (Printed version filed on 2023-03-13) | His Majesty the King |
| 2023-03-13 | Appellant's factum, (Book Form), Completed on: 2023-03-13, (Printed version filed on 2023-03-13) | His Majesty the King |
| 2023-02-22 | Certificate (on limitations to public access), Form 23B | His Majesty the King |
| 2023-02-16 | Notice of hearing sent to parties, (sent by email) | |
| 2023-02-15 |
Appeal hearing scheduled, 2023-05-18 Judgment reserved |
|
| 2023-02-13 |
Notice of appeal, Missing: 23B (rec'd 2023-02-22), Completed on: 2023-02-22, (Printed version due on 2023-02-20) |
His Majesty the King |
| 2023-02-10 |
Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), a) The Notice of Appeal shall be served and filed on or before February 13, 2023. b) The appellant’s record, factum and book of authorities, if any, shall be served and file on or before March 13, 2023. c) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before April 11, 2023. d) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before April 3, 2023. e) The appellants and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before April 5, 2023. f) Replies to any responses to the motions for leave to intervene shall be served and filed on or before April 6, 2023. g) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before May 4, 2023. |
|
| 2023-02-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-02-02 | Judgment on leave sent to the parties | |
| 2023-02-02 |
Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA47290, 2022 BCCA 345, dated October 14, 2022, is granted. The hearing of the appeal will be expedited and will be heard with His Majesty the King v. Christopher James Kruk (40095). The schedule for serving and filing the appeal documents will be set by the Registrar. Granted |
|
| 2023-02-02 |
Decision on motion to expedite the application for leave to appeal, 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 expedite the application for leave to appeal, CJ Ja Ob | |
| 2022-12-22 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2023-01-03) | His Majesty the King |
| 2022-12-22 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-12-22, (Printed version due on 2023-01-03) | His Majesty the King |
| 2022-12-19 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-12-19) | Edwin Tsang |
| 2022-12-19 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-12-19) | Edwin Tsang |
| 2022-12-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-12-19, (Printed version filed on 2022-12-19) | Edwin Tsang |
| 2022-11-21 | Response to the motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2022-11-21, (Printed version due on 2022-11-28) | Edwin Tsang |
| 2022-11-17 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED: 2022-11-17 | |
| 2022-11-10 | Motion to expedite the application for leave to appeal, (Book Form), Completed on: 2022-11-17, (Printed version filed on 2022-11-21) | His Majesty the King |
| 2022-11-10 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-11-18) | His Majesty the King |
| 2022-11-10 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-11-18) | His Majesty the King |
| 2022-11-10 | Application for leave to appeal, (Book Form), PUB BAN, Completed on: 2022-11-10, (Printed version filed on 2022-11-10) | 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 | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Tsang, Edwin | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Alberta | Intervener | Active |
| Independent Criminal Defence Advocacy Society | Intervener | Active |
| Association québécoise des avocats et avocates de la défense | Intervener | Active |
| West Coast Legal Education and Action Fund Association and Women's Legal Education and Action Fund | Intervener | Active |
| Trial Lawyers Association of British Columbia | Intervener | Active |
Counsel
Party: His Majesty the King
Counsel
Susanne Elliott
Christie Lusk
Christie Lusk
Ministry of Attorney General (BC)
Criminal Appeals and Special Prosecutions
600 - 865 Hornby Street, 6th Floor
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1135
FAX: (604) 669-1133
Email: susanne.elliott@gov.bc.ca
Criminal Appeals and Special Prosecutions
600 - 865 Hornby Street, 6th Floor
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1135
FAX: (604) 669-1133
Email: susanne.elliott@gov.bc.ca
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Tsang, Edwin
Counsel
Richard S. Fowler, K.C.
Eric Purtzki
Eric Purtzki
Fowler and Blok
1111 Melville Street Suite 1200
Vancouver, British Columbia
V6E 3V6
Telephone: (604) 684-1311
FAX: (604) 681-9797
Email: rfowler@fowlerbloklaw.ca
1111 Melville Street Suite 1200
Vancouver, British Columbia
V6E 3V6
Telephone: (604) 684-1311
FAX: (604) 681-9797
Email: rfowler@fowlerbloklaw.ca
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Independent Criminal Defence Advocacy Society
Counsel
Gregory P. Delbigio, Q.C.
Daniel J. Song, K.C.
Daniel J. Song, K.C.
Pringle Chivers Sparks Teskey
355 Burrard Street
Suite 1720
Vancouver, British Columbia
v6c 2g8
Telephone: (604) 669-7447
FAX: (604) 259-6171
Email: greg@gregdelbigio.com
355 Burrard Street
Suite 1720
Vancouver, British Columbia
v6c 2g8
Telephone: (604) 669-7447
FAX: (604) 259-6171
Email: greg@gregdelbigio.com
Party: Attorney General of Alberta
Counsel
Sarah Clive
Justice and Solicitor General
Appeals and Specialized Prosecutions Office
3rd Floor, Centrium Place, 300, 332-6 Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-8444
FAX: (403) 297-4311
Email: sarah.clive@gov.ab.ca
Appeals and Specialized Prosecutions Office
3rd Floor, Centrium Place, 300, 332-6 Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-8444
FAX: (403) 297-4311
Email: sarah.clive@gov.ab.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Association québécoise des avocats et avocates de la défense
Counsel
Hugo Caissy
Myralie Roussin
Elisabeth Beauchamp
Myralie Roussin
Elisabeth Beauchamp
Caissy, Roussin, Beauchamp, avocats
Bureau 5
49, boul. Saint-Benoît Ouest
Amqui, Quebec
G5J 2B8
Telephone: (418) 629-4404
FAX: (418) 629-3515
Email: hcaissy@ccjbslg.qc.ca
Bureau 5
49, boul. Saint-Benoît Ouest
Amqui, Quebec
G5J 2B8
Telephone: (418) 629-4404
FAX: (418) 629-3515
Email: hcaissy@ccjbslg.qc.ca
Agent
Paul Charlebois
Charlebois-Swanston, Gagnon, avocats
166 rue Wellington
Gatineau, Quebec
J8X 2J4
Telephone: (819) 770-4888 Ext: 105
FAX: (819) 770-0712
Email: pcharlebois@csgavocats.com
166 rue Wellington
Gatineau, Quebec
J8X 2J4
Telephone: (819) 770-4888 Ext: 105
FAX: (819) 770-0712
Email: pcharlebois@csgavocats.com
Party: West Coast Legal Education and Action Fund Association and Women's Legal Education and Action Fund
Counsel
Megan Stephens
Humera Jabir
Roxana Parsa
Humera Jabir
Roxana Parsa
Megan Stephens Law
1900 - 439 University Avenue
Toronto, Ontario
M5G 1Y8
Telephone: (416) 900-3319
FAX: (416) 900-6661
Email: megan@stephenslaw.ca
1900 - 439 University Avenue
Toronto, Ontario
M5G 1Y8
Telephone: (416) 900-3319
FAX: (416) 900-6661
Email: megan@stephenslaw.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Trial Lawyers Association of British Columbia
Counsel
Mark Iyengar
Benjamin Reedijk
Benjamin Reedijk
Peck and Company
610-744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: miyengar@peckandcompany.ca
610-744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: miyengar@peckandcompany.ca
Agent
Jean-Simon Schoenholz
Norton Rose Fulbright Canada LLP
1500-45 O’Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-1537
FAX: (613) 230-5459
Email: jean-simon.schoenholz@nortonrosefulbright.com
1500-45 O’Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-1537
FAX: (613) 230-5459
Email: jean-simon.schoenholz@nortonrosefulbright.com
Summary
Keywords
Criminal law — Trial — Judgments — Sexual assault — Whether the Court of Appeal erred by not applying a deferential standard of review, and intervening on the basis that the trial judge erred in law by basing her credibility conclusions on unfounded generalizations — Whether the Court of Appeal erred by not conducting a functional and contextual review of the trial judge’s reasons — Whether the Court of Appeal erred by improperly re-weighing the evidence in concluding that the alleged unfounded generalizations were material — What is the appropriate remedy for the Court of Appeal’s errors?<br>
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)
The respondent and the complainant had mutual friends, but met for the first time at an event. When that event ended, the respondent drove the complainant and her friend, to Commodore Ballroom. The respondent and the complainant continued drinking and dancing and later left the Commodore in the respondent’s car. On the way to the complainant’s home, they got into the back seat to “make out”. The trial judge found that what ensued after the initial consensual foreplay was a sexual assault. The trial judge convicted the respondent of sexual assault. The Court of Appeal allowed the conviction appeal, set aside the conviction and ordered a new trial.
Lower court rulings
Conviction entered: sexual assault
Conviction 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
Related links
Date modified: 2025-02-27