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.
41475
John Varghese v. His Majesty the King
(Ontario) (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) |
|---|---|---|
| 2025-01-17 | Close file on Leave | |
| 2025-01-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-01-16 | Judgment on leave sent to the parties | |
| 2025-01-16 |
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 COA-23-CR-1243, 2024 ONCA 555, dated July 15, 2024, is dismissed. Dismissed |
|
| 2024-12-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-10-30 |
Certificate (on limitations to public access), PUB-BAN Form 23A, (Printed version filed on 2024-11-05) |
His Majesty the King |
| 2024-10-29 | Certificate (on limitations to public access), Form 23B, (Printed version filed on 2024-11-05) | His Majesty the King |
| 2024-10-29 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: -Form 23A (rec'd 2024-10-30), Completed on: 2024-10-30, (Printed version filed on 2024-10-31) |
His Majesty the King |
| 2024-10-02 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on Oct. 2nd, 2024 | |
| 2024-10-01 |
Certificate (on limitations to public access), Form 23B -Need amended version (rec'd 2024-11-26), (Printed version filed on 2024-10-31) |
John Varghese |
| 2024-10-01 |
Certificate (on limitations to public access), Form 23A PUB-BAN, (Printed version filed on 2024-10-31) |
John Varghese |
| 2024-10-01 | Application for leave to appeal, (Book Form), PUB BAN, Completed on: 2024-10-01, (Printed version filed on 2024-10-31) | John Varghese |
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 |
|---|---|---|
| Varghese, John | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Varghese, John
Counsel
Marcela Ahumada
18 York St., Suite 2900
Toronto, Ontario
M5J 2T8
Telephone: (416) 360-2776
FAX: (416) 363-1870
Email: bbadali@lacynasterllp.ca
Party: His Majesty the King
Counsel
720 Bay Street, 10th Floor
Toronto, Ontario
Telephone: (437) 855-3324
Email: akshay.aurora@ontario.ca
Summary
Keywords
Criminal law — Evidence — Assessment — Credibility — Stereotypes and myths — Evidence led to confirm complainant’s testimony — What is the proper approach to assessing claims that a trial judge erred in law by relying on stereotypical reasoning where the impugned passage reasonably bears more than one interpretation — Is it an error of law to fail to give effect to potentially confirmatory evidence in assessing the credibility of a complainant in a sexual offence case?
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 complainant testified that Mr. Varghese, in her hotel room, forced her at knifepoint to perform fellatio, took a photo of her wearing only a bra and threatened to post it online if she went to the police, robbed her and cut her thumb deeply when they struggled. Mr. Varghese testified and gave a different version of events. Crown counsel led evidence to support the complainant’s version of events. The trial judge found both the complainant and Mr. Varghese lacked credibility and acquitted Mr. Varghese of charges of forcible confinement, robbery, uttering threats, sexual assault and aggravated sexual assault. The Court of Appeal granted an appeal and ordered a new trial.
Lower court rulings
Ontario Superior Court of Justice
COA-23-CR-1243
See file
Appeal allowed, acquittals set aside, new trial ordered
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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