Case information
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41333
Thomas Stephen Toth v. His Majesty the King
(British Columbia) (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) |
|---|---|---|
| 2024-10-25 | Close file on Leave | |
| 2024-10-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-10-10 | Judgment on leave sent to the parties | |
| 2024-10-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA48185, 2024 BCCA 139, dated April 15, 2024, is dismissed. Dismissed |
|
| 2024-09-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-08-28 | Certificate (on limitations to public access), 23B, (Printed version filed on 2024-08-28) | Thomas Stephen Toth |
| 2024-08-28 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-08-28, (Printed version filed on 2024-08-28) | Thomas Stephen Toth |
| 2024-08-19 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-08-21) | His Majesty the King |
| 2024-08-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-08-19, (Printed version filed on 2024-08-21) | His Majesty the King |
| 2024-06-17 |
Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED |
|
| 2024-06-14 | Certificate (on limitations to public access), 23B, (Printed version filed on 2024-06-14) | Thomas Stephen Toth |
| 2024-06-14 | Certificate (on limitations to public access), 23A - received an amended version on Sept 10, 2024 confirming there's no sensibility in this case., (Printed version filed on 2024-06-14) | Thomas Stephen Toth |
| 2024-06-14 | Application for leave to appeal, (Book Form), Completed on: 2024-06-14, (Printed version filed on 2024-06-14) | Thomas Stephen Toth |
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 |
|---|---|---|
| Stephen Toth, Thomas | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Stephen Toth, Thomas
Counsel
Sarah Pringle
610-744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
Email: csenini@peckandcompany.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: His Majesty the King
Counsel
British Columbia Prosecution Service
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: matthew.scott@gov.bc.ca
Agent
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Summary
Keywords
Criminal law — Evidence — Admissibility — Layperson’s opinion — Representation by counsel — Whether to clarify the framework for adducing and admitting lay opinion evidence — To what extent can counsel’s silence with respect to an error of law be classified as a tactical decision?
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. Toth and Mr. Ocampo bumped into each other which led to an altercation during which Mr. Toth pushed Mr. Ocampo two times. After the second push, Mr. Ocampo fell and fatally struck his head. Mr. Toth was charged with manslaughter. A security guard who witnessed both pushes testified. He described his observations and gave his opinion with respect to whether the second push was justified or necessary. A jury convicted Mr. Toth of manslaughter. The Court of Appeal dismissed an appeal.
Lower court rulings
Supreme Court of British Columbia
27833-2
Conviction by jury of manslaughter
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