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.
41033
Jasper Atienza 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 application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C68389, 2023 ONCA 537, dated August 11, 2023, is dismissed. Dismissed |
|
| 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 | |
| 2023-12-22 | Respondent's response on the application for leave to appeal, (Book Form), Amended version recd 2023-12-28, Completed on: 2023-12-28 | His Majesty the King |
| 2023-12-22 | Certificate (on limitations to public access), (Letter Form), 23A | His Majesty the King |
| 2023-12-20 | Supplemental document, TC Orders | Jasper Atienza |
| 2023-12-12 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2023-12-12 | Affidavit, In support in motion of extension of time | Jasper Atienza |
| 2023-12-12 | Certificate (on limitations to public access) | Jasper Atienza |
| 2023-12-12 | Supplemental document, (Letter Form), Consent form of the respondents in support of motion to extend time, (Printed version due on 2023-12-19) | Jasper Atienza |
| 2023-12-12 | 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: 2023-12-12 | Jasper Atienza |
| 2023-12-12 |
Application for leave to appeal, (Book Form), Missing: - Trial Court orders (Rec'd 2023-12-20) - Filing Fee (Rec'd 2023-12-19), Completed on: 2023-12-21, (Printed version filed on 2023-12-12) |
Jasper Atienza |
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 |
|---|---|---|
| Atienza, Jasper | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Atienza, Jasper
Counsel
Jeffery Couse
100-102 Atlantic Avenue
Toronto, Ontario
M6K 1X9
Telephone: (416) 613-0416
FAX: (416) 613-8746
Email: jlockyer@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 Street - 10th Floor
Toronto, Ontario
M5X 1K6
Telephone: (416) 919-8814
FAX: (416) 326-4656
Email: karen.papadopoulos@ontario.ca
Summary
Keywords
Criminal law — Charge to jury — Appellate review of jury instructions for legal error — Whether jury properly instructed — Should the functional approach to reviewing a jury charge engage enhanced scrutiny where the issues are integral to the accused’s defence?
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.
Mr. Williams was shot three times, by two gunmen, a short distance down the street from his home. He died shortly afterwards. The applicant and Mr. Williams knew each other as a result of their involvement in the drug subculture. They shared a circle of acquaintances, a number of whom were involved in the events surrounding the shooting and gave evidence at the trial. The applicant admitted in an agreed statement of facts that he attended at the scene of the shooting in a light grey/silver BMW SUV. However, his position was that, although the evidence placed him at the scene of the shooting, it was not sufficient to prove that he was involved in the shooting. At trial, the applicant argued that the shooting was done by two other individuals who had arrived at the scene in a second vehicle. The applicant was convicted of first degree murder after a trial by judge and jury. The conviction appeal was dismissed.
Lower court rulings
Court of Appeal for Ontario
2023 ONCA 537, C68389
Conviction 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