Case information
Consult our database for details on a Supreme Court of Canada case.
41232
Benjamin Koorbatoff v. His Majesty the King
(Alberta) (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) |
|---|---|---|
| 2024-09-27 | Close file on Leave | |
| 2024-09-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-09-05 | Judgment on leave sent to the parties | |
| 2024-09-05 |
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 the motion for an extension of time been granted, the application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 2301-0022A, 2023 ABCA 320, dated November 8, 2023, would have been dismissed. Dismissed |
|
| 2024-07-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-07-22 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-05-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-05-21, (Printed version filed on 2024-05-23) | Benjamin Koorbatoff |
| 2024-05-17 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-05-21) | His Majesty the King |
| 2024-05-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-05-17, (Printed version filed on 2024-05-21) | His Majesty the King |
| 2024-04-18 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2024-04-18; | |
| 2024-04-11 | 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: 2024-04-18, (Printed version filed on 2024-04-16) | Benjamin Koorbatoff |
| 2024-04-11 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2024-04-16) | Benjamin Koorbatoff |
| 2024-04-11 |
Application for leave to appeal, (Book Form), Missing: -Filing fees; (Rec'd 2024-05-03) -Proof of service; - TC signed judgement;, Completed on: 2024-07-23, (Printed version filed on 2024-04-16) |
Benjamin Koorbatoff |
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 |
|---|---|---|
| Koorbatoff, Benjamin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Koorbatoff, Benjamin
Counsel
15 Bedford Road
Toronto, Ontario
M5R 2J7
Telephone: (416) 868-1755
FAX: (416) 878-1990
Email: mbiddulph@15bedford.com
Party: His Majesty the King
Counsel
Appeals and Specialized Prosecutions Office
3rd Floor, Centrium Place, 300, 332-6 Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-8444
FAX: (403) 297-4311
Email: sarah.clive@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Criminal law — Appeals — Remedies — Remand — Whether counsel for applicant and Court of Appeal overlooked patent legal errors that occurred at trial — When to exercise remand power to avoid miscarriage of justice?
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. Koorbatoff agreed to sell two companies. He represented to the buyer that each company owned shares of CableClix without disclosing that he only held convertible debentures. After the buyer paid $800,000, he provided forged share certificates. Mr. Koorbatoff experienced difficulties in completing the agreement, declared the transaction void, and claimed he had no obligation to return the $800,000. Mr. Koorbatoff was convicted for fraud over $5,000. The Court of Appeal dismissed an appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
Conviction for fraud over $5,000
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