Case information
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40911
Wai Leung (Patrick) Lee 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) |
|---|---|---|
| 2024-01-05 | Close file on Leave | |
| 2023-12-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-12-21 | Judgment on leave sent to the parties | |
| 2023-12-21 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal is dismissed. In any event, had such motion been granted, the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C62393, 2019 ONCA 140, dated February 13, 2019, would have been dismissed. Dismissed |
|
| 2023-11-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-11-20 | Submission of miscellaneous motion, for consideration by the Court | |
| 2023-11-20 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-11-02 | Applicant's reply to respondent's argument, (Letter Form), 2 additional copies filed November 9, 2023., Completed on: 2023-11-17 | Wai Leung (Patrick) Lee |
| 2023-10-20 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-10-25) | His Majesty the King |
| 2023-10-20 | Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), Completed on: 2023-10-20 | His Majesty the King |
| 2023-10-20 | Respondent's response on the application for leave to appeal, (Book Form), Includes response to motion to extend time to file/serve , Completed on: 2023-10-20, (Printed version filed on 2023-10-25) | His Majesty the King |
| 2023-10-05 |
Correspondence received from, (Letter Form), CA orders public access to information form, (Printed version filed on 2023-10-05) |
Wai Leung (Patrick) Lee |
| 2023-09-25 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2023/09/25 | |
| 2023-08-29 | Certificate (if inappropriate for a judge to take part in adjudication), (Included in the application for leave to appeal) | Wai Leung (Patrick) Lee |
| 2023-08-29 | Notice of miscellaneous motion, (Included in the application for leave to appeal), "Motion to a Judge or the Registrar for the Fact that is not a Matter of Record in the Court", Completed on: 2023-09-06 | Wai Leung (Patrick) Lee |
| 2023-08-29 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2023-09-06 | Wai Leung (Patrick) Lee |
| 2023-08-29 |
Application for leave to appeal, (Book Form), MISSING: Amended notice of application, citing the correct section of law Public Access to Information Form (Rec'd 2023-10-05) CA Order (Rec'd 2023-10-05), Completed on: 2023-11-21 |
Wai Leung (Patrick) Lee |
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 |
|---|---|---|
| Lee, Wai Leung (Patrick) | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Lee, Wai Leung (Patrick)
This party is not represented by counsel.
Party: His Majesty the King
Counsel
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (437) 833-8967
Email: nicholas.hay@ontario.ca
Summary
Keywords
Criminal law — Evidence — Admissibility of statements to police — Whether trial judge erred by admitting accused’s statements to police without conducting a voir dire — Whether Court of Appeal misapprehended the implications of the evidence and erred by dismissing the appeal without deposition?
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 Crown’s theory is that Mr. Lee murdered Ms. Hua when she threatened to expose him for having gambled away money she had given him to invest. The Crown’s evidence included two statements to police by Mr. Lee which were admitted at trial without a voir dire into their admissibility. A jury convicted Mr. Lee of first degree murder. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
CR-15-30000381-0000
Conviction by jury of first degree murder
Court of Appeal for Ontario
2019 ONCA 140, C62393
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