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.
41487
David Wilson 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) |
|---|---|---|
| 2025-01-20 | 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-1095, 2024 ONCA 600, dated August 6, 2024 is dismissed. Dismissed |
|
| 2024-12-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-11-18 | Certificate (on limitations to public access), 23B, (Printed version filed on 2024-11-20) | David Wilson |
| 2024-11-18 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-11-18, (Printed version filed on 2024-11-20) | David Wilson |
| 2024-11-08 | Certificate (on limitations to public access), Form 23B, (Printed version filed on 2024-11-14) | His Majesty the King |
| 2024-11-08 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-11-14) | His Majesty the King |
| 2024-11-08 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: -Proof of service (rec'd 2024-11-08), Completed on: 2024-11-12, (Printed version filed on 2024-11-14) |
His Majesty the King |
| 2024-10-09 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-10-07 | Certificate (on limitations to public access), (Included in the certificate (on limitations to public access)), 23B, (Printed version filed on 2024-10-11) | David Wilson |
| 2024-10-07 | Certificate (on limitations to public access), 23A, (Electronic version filed on 2024-10-11) | David Wilson |
| 2024-10-07 | Application for leave to appeal, (Book Form), PUB-BAN, Completed on: 2024-10-07, (Printed version filed on 2024-10-11) | David Wilson |
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 |
|---|---|---|
| Wilson, David | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Wilson, David
Counsel
Charles R. Daoust
200 Elgin Street
Suite 800
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
Email: mj@sjhdlaw.ca
Party: His Majesty the King
Counsel
1000-720 Bay St.
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
Email: manasvin.goswami@ontario.ca
Summary
Keywords
Criminal law — Appeals — What does a trial judge’s refusal or failure to exercise jurisdiction on an Indictment mean in the context of a Crown appeal pursuant to s. 676(1)(b) of the Criminal Code?
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)
Mr. Wilson was charged with sexual offences against T.C. At trial, T.C. testified and her testimony was supported by similar fact evidence of K.B. Mr. Wilson was convicted of sexual assault and gross indecency. Before sentencing, Mr. Wilson was acquitted in a separate trial before a different judge on a charge of a sexual offence against K.B. Mr. Wilson applied to admit his acquittal as fresh evidence and for a declaration of a mistrial. Smith J. granted the application and declared a mistrial. The Court of Appeal allowed an appeal by the Crown, set aside the declaration of a mistrial, and remitted the matter for sentencing.
Lower court rulings
Fresh evidence admitted and mistrial declared
Appeal allowed, matter remitted for sentencing
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