Case information
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41407
David Baichoo 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) |
|---|---|---|
| 2024-12-30 | Close file on Leave | |
| 2024-12-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-12-19 | Judgment on leave sent to the parties | |
| 2024-12-19 |
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 Ontario, Number C69240, 2024 ONCA 438, dated May 30, 2024, is dismissed Dismissed |
|
| 2024-11-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-09-25 | Certificate (on limitations to public access), Form 23B, (Printed version filed on 2024-09-26) | His Majesty the King |
| 2024-09-25 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-09-26) | His Majesty the King |
| 2024-09-24 |
Supplemental document, Respondent's record Missing 1 hard copy (rec'd 2024-10-03), (Printed version filed on 2024-09-24) |
His Majesty the King |
| 2024-09-24 |
Respondent's response on the application for leave to appeal, (Letter Form), Missing: -Form 23A (rec'd 2024-09-25) , Completed on: 2024-09-27, (Printed version filed on 2024-10-03) |
His Majesty the King |
| 2024-08-30 | Letter acknowledging receipt of an incomplete application for leave to appeal, File opened August 30, 2024 | |
| 2024-08-28 | Notice of name, (Printed version filed on 2024-08-28) | David Baichoo |
| 2024-08-28 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-08-28) | David Baichoo |
| 2024-08-28 |
Application for leave to appeal, (Book Form), Missing: -Signed judgment and order from trial court (rec'd 2024-08-28) -1 paper copy from the leave to appeal application (rec'd 2024-08-30), Completed on: 2024-09-05, (Printed version filed on 2024-08-28) |
David Baichoo |
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 |
|---|---|---|
| Baichoo, David | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Baichoo, David
Counsel
1100-55 University Avenue
Toronto, Ontario
M5J 2H7
Telephone: (416) 883-2497
Email: maija@martincriminaldefence.ca
Agent
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 232-8389
FAX: (613) 288-2896
Email: jolene@rclpc.ca
Party: His Majesty the King
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 973-4007
Email: andrew.hotke@ontario.ca
Summary
Keywords
Criminal law — Trial — Whether the applicant was improperly cross-examined — Should the applicability of the rule in Browne v. Dunn 1893 6 R 67 (UK HL) to criminal cases be reconsidered — Should counsel’s failure to object be the dominant factor in determining if there was a 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.
The applicant was charged with first degree murder in the stabbing death of Mr. Pham. The applicant testified at trial, saying that Mr. Pham called him a rat and pointed a gun at him, and that he stabbed Mr. Pham in an attempt to defend himself. After a trial by judge and jury, the applicant was convicted of first degree murder. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Court of Justice
18-00000946-0000
Conviction entered for first degree murder
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