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.
41470
Andrew Thomas Stones v. His Majesty the King
(Nova Scotia) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-02-21 | Close file on Leave | |
| 2025-02-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-02-20 | Judgment on leave sent to the parties | |
| 2025-02-20 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 527225, 2024 NSCA 68, dated July 12, 2024, is dismissed. Dismissed |
|
| 2025-01-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-11-06 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2024-11-06) | Andrew Thomas Stones |
| 2024-11-06 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-11-06, (Printed version filed on 2024-11-06) | Andrew Thomas Stones |
| 2024-10-28 | Certificate (on limitations to public access), 23B | His Majesty the King |
| 2024-10-28 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-10-28) | His Majesty the King |
| 2024-10-28 | Respondent's response on the application for leave to appeal, (Book Form), PUB BAN, Completed on: 2024-10-28, (Printed version filed on 2024-10-28) | His Majesty the King |
| 2024-10-02 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-10-01 | Certificate (on limitations to public access), 23B, (Printed version filed on 2024-10-01) | Andrew Thomas Stones |
| 2024-10-01 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-10-01) | Andrew Thomas Stones |
| 2024-10-01 | Application for leave to appeal, (Book Form), Completed on: 2024-10-01, (Printed version filed on 2024-10-01) | Andrew Thomas Stones |
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 |
|---|---|---|
| Thomas Stones, Andrew | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Thomas Stones, Andrew
Counsel
Peter Sankoff
5475 Spring Garden Road
Suite 603
Halifax, Nova Scotia
B3J 3T2
Telephone: (902) 425-5252
FAX: (902) 425-5244
Email: james@macmcgiac.ca
Agent
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: His Majesty the King
Counsel
Appeals Branch - Maritime Centre
1225-B - 1505 Barrington Street
Halifax, Nova Scotia
B3J 3K5
Telephone: (902) 424-6794
FAX: (902) 424-8440
Email: timothy.oleary@novascotia.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 — Offence — Elements of Offence — Mistake of age — Did the applicant fail to show he took “all reasonable steps” required under s. 150.1(4) of the Criminal Code to ascertain that the victim of a sexual assault was over the age of 16 — Whether the Court of Appeal erred in affirming the applicant’s conviction notwithstanding the absence of any constitutionally compliant level of moral fault.
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.
PUBLICATION BAN IN CASE)
The applicant engaged in sexual intercourse with a 15 year old female whom he believed to be 16. The applicant was convicted of sexual assault. The conviction for sexual interference was stayed pursuant to the R. v. Kienapple, [1975] 1 S.C.R. 729 principle. The Court of Appeal dismissed the conviction appeal.
Lower court rulings
Provincial Court of Nova Scotia
8500887-888
Conviction entered: sexual assault
Appeal from conviction 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