Case information
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40773
Suneet Sharma 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) |
|---|---|---|
| 2023-11-03 | Close file on Leave | |
| 2023-11-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-11-02 | Judgment on leave sent to the parties | |
| 2023-11-02 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M53392, dated October 31, 2022, is dismissed. Dismissed |
|
| 2023-11-02 |
Decision on motion to extend time to file and /or serve the leave application, See Decision on application Granted |
|
| 2023-09-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-09-18 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-09-08 | Correspondence received from, New address for the Applicant counsel | Suneet Sharma |
| 2023-08-14 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-08-15, (Printed version filed on 2023-08-14) | Suneet Sharma |
| 2023-08-03 | Certificate (on limitations to public access), (Letter Form), 23A | His Majesty the King |
| 2023-08-03 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2023-08-03, (Printed version filed on 2023-08-04) | His Majesty the King |
| 2023-06-07 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2023-06-07 | |
| 2023-06-05 | Certificate (on limitations to public access), 23A | Suneet Sharma |
| 2023-06-05 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2023-06-07, (Printed version filed on 2023-06-05) | Suneet Sharma |
| 2023-06-05 | Application for leave to appeal, (Book Form), Completed on: 2023-06-05, (Printed version filed on 2023-06-05) | Suneet Sharma |
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 |
|---|---|---|
| Sharma, Suneet | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Sharma, Suneet
Counsel
Brodie Noga
Emily Wang
Suite 3000
Bentall Four, 1055 Dunsmuir St
Vancouver, British Columbia
V7X 1K8
Telephone: (778) 785-3000
FAX: (778) 785-2745
Email: emackinnon@osler.com
Agent
Suite 320, World Exchange Plaza
100 Queen St
Ottawa, Ontario
K1P 1J9
Telephone: (613) 235-7234
FAX: (613) 235-2867
Email: glangen@osler.com
Party: His Majesty the King
Counsel
Crown Law Office – Criminal
720 Bay Street 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: katherine.beaudoin@ontario.ca
Summary
Keywords
Charter of Rights — Whether there is an issue of public importance raised — Whether there are conflicting appellate decisions regarding whether an information laid pursuant to s. 504 of the Criminal Code with a false oath is a nullity? — Canadian Charter of Rights and Freedoms, ss. 7 and 24(1) — Criminal Code, R.S.C. 1985, c. C-45, s. 504.<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 was initially charged with operating a motor vehicle with a blood alcohol content over 80. A replacement information was later sworn, charging the applicant with one count of driving over 80 and an additional count of impaired driving. Kastner J. dismissed the applicant’s Charter application and, after trial, convicted him of the over 80 offence and acquitted him of impaired driving. The Summary Conviction Appeal judge found a s. 7 Charter breach and determined the appropriate remedy under s. 24(1) was to impose a stay of proceedings on the impaired driving charge. Since the applicant was acquitted on this charge, the remedy was moot. The appeal against conviction of the over 80 charge was dismissed. The application for leave to appeal to the Court of Appeal was dismissed.
Lower court rulings
Ontario Court of Justice
2019 ONCJ 481
Ruling: applicant’s s. 7 Charter rights not breached
Ontario Superior Court of Justice
1599/19, 2021 ONSC 3435
Ruling: applicant’s s. 7 Charter rights breached regarding impaired driving charge; appeal against conviction of operating a motor vehicle with a blood alcohol content over 80 dismissed
Court of Appeal for Ontario
M53392
Application for leave to 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