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.
40467
His Majesty the King v. Dale 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) |
|---|---|---|
| 2023-05-12 | Close file on Leave | |
| 2023-04-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-04-20 |
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 C67830, 2022 ONCA 665, dated September 26, 2022, is dismissed. Dismissed, no order as to costs |
|
| 2023-03-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-01-20 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-01-24, (Printed version filed on 2023-01-23) | His Majesty the King |
| 2023-01-11 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-01-18) | Dale King |
| 2023-01-11 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-01-16, (Printed version filed on 2023-01-18) | Dale King |
| 2022-11-30 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-11-30 | |
| 2022-11-25 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-12-02) | His Majesty the King |
| 2022-11-25 | Application for leave to appeal, (Book Form), Completed on: 2022-11-25, (Printed version filed on 2022-11-29) | 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 |
|---|---|---|
| King, Dale | Respondent | Active |
Counsel
Party: His Majesty the King
Counsel
10th Flr. 720 Bay St.
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: manasvin.goswami@ontario.ca
Party: King, Dale
Counsel
1900-439 University Avenue
Toronto, Ontario
M5G 1Y8
Telephone: (416) 585-1716
FAX: (416) 408-2372
Email: jshime@criminal-lawyers.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Criminal law — Defences — Self defence — Charge to jury — Whether the Court of Appeal erred in concluding that the jury received a legally appropriate definition of reasonableness under s. 34(2) of the Criminal Code — Whether the Court of Appeal erred in concluding that the jury charge was functionally adequate.
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 victim was shot by the respondent and died. The respondent was charged with second-degree murder. The respondent testified that he acted in self-defence. After a trial by judge and jury, the respondent was acquitted. The Court of Appeal dismissed the Crown’s appeal.
Lower court rulings
Ontario Superior Court of Justice
CR-18-0233
Acquittal entered
Court of Appeal for Ontario
2022 ONCA 665, C67830
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