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.
40963
Simeon Harty 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) |
|---|---|---|
| 2024-04-03 | Close file on Leave | |
| 2024-03-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-03-21 | Judgment on leave sent to the parties | |
| 2024-03-21 |
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 motion for an extension of time to serve and file the response is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C67527, 2023 ONCA 340, dated May 12, 2023, is dismissed. Dismissed |
|
| 2024-03-21 |
Decision on motion to extend time, See decision on application Granted |
|
| 2024-03-21 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2024-02-05 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-02-05 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-02-05 | Submission of motion to extend time, for consideration by the Court | |
| 2023-12-08 |
Motion to extend time, (Book Form), REQUIRED: - Filing fee (Rec'd 2024-01-09), Completed on: 2024-01-10, (Printed version filed on 2024-01-09) |
His Majesty the King |
| 2023-11-28 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2023-11-28 |
Respondent's response on the application for leave to appeal, (Book Form), REQUIRED - Motion to extend time (rec'd 2023-12-08), Completed on: 2023-12-12, (Printed version filed on 2023-12-04) |
His Majesty the King |
| 2023-10-26 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2023-10-26 | |
| 2023-10-24 | Certificate (on limitations to public access), 23A | Simeon Harty |
| 2023-10-24 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2023-10-26, (Printed version filed on 2023-10-25) | Simeon Harty |
| 2023-10-24 |
Application for leave to appeal, (Book Form), REQUIRED - Filing fee (Rec'd 2023-10-30), Completed on: 2023-10-30, (Printed version filed on 2023-10-25) |
Simeon Harty |
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 |
|---|---|---|
| Harty, Simeon | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Harty, Simeon
Counsel
Rivers Wahl
102 Atlantic Ave
Suite 100
Toronto, Ontario
M6K 1X9
Telephone: (416) 613-0416
FAX: (416) 613-8746
Email: jessica@lzzdefence.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: His Majesty the King
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (437) 833-9425
FAX: (416) 326-4656
Email: Michael.bernstein@ontario.ca
Summary
Keywords
Criminal law — Charge to jury — Appellate review of jury instructions for legal error — Whether jury properly instructed — Whether a lack of judicial comity exists amongst appeal courts reviewing cases in which the trial judge failed to put the defence theory to the jury? — Direction is sought from this Court to confirm that the failure of a trial judge to instruct the jury on a key element of the defence theory is fatal on appeal.
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.
A chance encounter between the occupants of two cars at a gas station occurred. Following this encounter, the participants went back to their cars and left the station. One car, however, quickly followed the other. Once alongside each other, a passenger in one of the cars, Nicholas Gidden, was shot and killed by an occupant of the other car. The trial concerned whether the passenger of that other car, Walid Zakaria, or the driver, the applicant Simeon Harty, fired the shot that killed Nicholas Gidden. After a trial by judge and jury, the applicant was convicted of second degree murder, and discharge of a firearm with intent. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
C67527
Conviction entered: second degree murder, discharge of a firearm with intent
Court of Appeal for Ontario
2023 ONCA 340, C67527
Conviction appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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