Case information
Consult our database for details on a Supreme Court of Canada case.
40490
Mohammad Khan 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 | |
| 2023-04-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-04-13 | Judgment on leave sent to the parties | |
| 2023-04-13 |
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 C62065, 2022 ONCA 698, dated October 14, 2022, is dismissed. Dismissed |
|
| 2023-03-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-02-03 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2023-02-16, (Printed version due on 2023-02-10) | Mohammad Khan |
| 2023-01-24 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2023-01-31) | His Majesty the King |
| 2023-01-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-01-25, (Printed version due on 2023-01-31) | His Majesty the King |
| 2022-12-16 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-12-16 | |
| 2022-12-13 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-12-20) | Mohammad Khan |
| 2022-12-13 | Application for leave to appeal, (Book Form), (4 volumes), Completed on: 2022-12-13, (Printed version filed on 2022-12-13) | Mohammad Khan |
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 |
|---|---|---|
| Khan, Mohammad | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Khan, Mohammad
Counsel
515 Consumers Road
Suite 202
Toronto, Ontario
M2J 4Z2
Telephone: (416) 773-0309
FAX: (416) 773-0909
Email: paul.slansky@rogers.com
Agent
2600-160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8699
FAX: (613) 563-9869
Email: graham.ragan@gowlingwlg.com
Party: His Majesty the King
Counsel
720 Bay Street - 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: david.friesen@ontario.ca
Summary
Keywords
Criminal law — Co-conspirators’ exception to the hearsay rule — Evidence — Admissibility —Offence — Whether this case undermines the decision in Canadian Dredge & Dock Co. v. The Queen, [1985] 1 S.C.R. 662 — Whether this case undermines the test set out in R. v. Carter, [1982] 1 S.C.R. 938 — Whether there was a reversal of the onus of proof — Whether a miscarriage of justice occurred by requiring an application to reopen when it is clear that it was futile.
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 was charged with numerous offences, including forgery and fraud over $5000.00. The forgery charges arise from a fake identification card business. The fraud charges arise from an allegation of income tax evasion in the years 2005 to 2009. The trial judge convicted the applicant of the forgery charges and fraud over $5000.00. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
2015 ONSC 7283, CR-13-10000003-0000
Convictions entered: forgery charges and fraud over $5000.00
Ontario Superior Court of Justice
2016 ONSC 2950, CR-13-100000030000
See File
Court of Appeal for Ontario
2022 ONCA 698, C62065
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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