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.
40488
Aram Soroush v. His Majesty the King
(Manitoba) (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 | |
| 2023-05-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-05-04 | Judgment on leave sent to the parties | |
| 2023-05-04 |
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 Manitoba, Number AR19-30-09385, 2022 MBCA 84, dated October 12, 2022, is dismissed. Dismissed |
|
| 2023-03-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-02-06 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-02-08, (Printed version filed on 2023-02-06) | Aram Soroush |
| 2023-01-25 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2023-01-25 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-01-26, (Printed version filed on 2023-01-25) | His Majesty the King |
| 2022-12-15 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2022-12-12 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-12-12) | Aram Soroush |
| 2022-12-12 |
Application for leave to appeal, (Book Form), REQUIRED: - signed CA judgment (rec'd 2023-01-09), Completed on: 2022-12-12, (Printed version filed on 2022-12-12) |
Aram Soroush |
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 |
|---|---|---|
| Soroush, Aram | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Soroush, Aram
Counsel
1175 – 510 Burrard Street
Vancouver, British Columbia
V6C 3A8
Telephone: (604) 669-6699
FAX: (604) 681-0652
Email: srw@penderlitigation.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: His Majesty the King
Counsel
510, Criminal Prosecutions Division
405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2852
FAX: (204) 945-1260
Email: ami.kotler@gov.mb.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Criminal law — Evidence — Jury charge — In what circumstances is it appropriate for a party to argue against a witness’ credibility on a material point that has not been challenged in cross-examination — What is the proper remedy for a breach of the rule in Browne v. Dunn?
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.
Mustafa Peyawary was beaten to death in an apartment. Aram Soroush (the applicant), Ahamed Ismail, Damir Kulic, and Matthew Marjanovic were charged with Mr. Peyawary’s death. None of the accused other than Mr. Ismail testified at trial. The trial judge found that the rule in Browne v Dunn (1893), 6 R. 67 (HL (Eng)) was not breached. After a trial by a judge and jury, the applicant, Mr. Ismail and Mr. Kulic were convicted of first degree murder and Mr. Marjanovic was convicted of second degree murder. The conviction appeals were dismissed. The Court of Appeal upheld the trial judge’s conclusion that the rule in Browne v. Dunn was not breached and the jury instruction was appropriate.
Lower court rulings
Court of Appeal of Manitoba
2022 MBCA 84, AR19-30-09385
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