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.
40460
David Sillars 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) |
|---|---|---|
| 2023-04-14 | Close file on Leave | |
| 2023-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-30 | Judgment on leave sent to the parties | |
| 2023-03-30 |
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 of Quebec (Montréal), Number 500-09-028878-205, 2022 QCCA 407, dated March 23, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-03-30 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2023-02-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-02-20 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-01-09 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2023-01-16) | His Majesty the King |
| 2023-01-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-01-16, (Printed version due on 2023-01-16) | His Majesty the King |
| 2022-11-29 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-11-29 | |
| 2022-11-28 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-12-05) | David Sillars |
| 2022-11-18 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-11-29, (Printed version filed on 2022-11-21) | David Sillars |
| 2022-11-18 | Application for leave to appeal, (Book Form), Completed on: 2022-12-29, (Printed version filed on 2022-11-21) | David Sillars |
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 |
|---|---|---|
| Sillars, David | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Sillars, David
Counsel
Rick Frank
171 John St - Suite 101
Toronto, Ontario
M5T 1X3
Telephone: (416) 642-1438
FAX: (888) 740-5171
Email: sherif@fodalaw.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
Criminal law — Offence — Is the term “vessel” under ss. 320.11 and 320.14 of the Criminal Code void for vagueness? — Is a canoe a “vessel” within the meaning of s. 320.11 and s. 320.14 of the Criminal Code? — Is expert evidence required to establish the standard of care of a reasonable canoeist in criminal negligence prosecutions?<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.
The applicant took an eight-year-old child canoeing during the April spring runoff. The water was frigid and moving swiftly. The boy did not know how to canoe and was a weak swimmer. They were headed towards High Falls to retrieve a piece of debris wedged against a yellow barrier warning of danger due to the falls. The canoe capsized, the child was swept over the falls and died. The applicant made it to shore. The applicant was convicted in a judge-alone trial of impaired operation of a vessel causing death and criminal negligence causing death. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Court of Justice
18-00265-00, 2019 ONCJ 474
Convictions entered: impaired operation of a vessel causing death and criminal negligence causing death
Court of Appeal for Ontario
2022 ONCA 510, C67295
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