Case information
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41530
Xiu Jin Teng 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) |
|---|---|---|
| 2025-09-03 | Close file on Leave | |
| 2025-09-03 |
Reconsideration not accepted for filing, Letter by the Registrar sent to parties (by email) |
|
| 2025-07-02 |
Motion for reconsideration of the application for leave to appeal, (Book Form), including motion "for extension of page limit" UNDER REVIEW, Completed on: 2025-07-09 |
Xiu Jin Teng |
| 2025-05-12 | Correspondence received from, (Letter Form), Re motion to appoint counsel, (Printed version filed on 2025-05-12) | Xiu Jin Teng |
| 2025-04-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-04-17 | Judgment on leave sent to the parties | |
| 2025-04-17 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C66742, 2021 ONCA 785, dated November 5, 2021, is dismissed. Dismissed |
|
| 2025-03-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-03-10 | Submission of miscellaneous motion, for consideration by the Court | |
| 2025-03-10 | Submission of motion to file a lengthy memorandum of argument, for consideration by the Court | |
| 2025-03-10 | Submission of miscellaneous motion, for consideration by the Court | |
| 2025-03-10 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-02-07 | Correspondence received from, (Letter Form), regarding motion to appoint counsel, (Printed version filed on 2025-02-07) | Xiu Jin Teng |
| 2025-01-09 | Correspondence received from, (Letter Form), (Printed version filed on 2025-01-09) | Xiu Jin Teng |
| 2024-12-20 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-12-20, (Printed version filed on 2025-01-09) | Xiu Jin Teng |
| 2024-12-16 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-12-18) | His Majesty the King |
| 2024-12-16 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-12-16, (Printed version filed on 2024-12-18) | His Majesty the King |
| 2024-12-10 |
Notice of miscellaneous motion, (Book Form), Motion to appoint counsel -Missing Letter from a counsel -Proof of service, Completed on: 2025-03-11 |
Xiu Jin Teng |
| 2024-11-14 |
Letter advising parties of an incomplete application for leave to appeal, File open sent by mail to the applicant |
|
| 2024-11-08 | Motion to file a lengthy memorandum of argument, (Book Form), (Included in the application for leave to appeal), Completed on: 2025-03-11 | Xiu Jin Teng |
| 2024-09-12 | Certificate (on limitations to public access), Public access to information form | Xiu Jin Teng |
| 2024-08-02 | Notice of miscellaneous motion, (Book Form), (Included in the application for leave to appeal), Motion for exemption of 75$ application fee, Completed on: 2025-03-11 | Xiu Jin Teng |
| 2024-08-02 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Missing: -Proof of service, Completed on: 2025-01-17 |
Xiu Jin Teng |
| 2024-08-02 |
Application for leave to appeal, (Book Form), Missing: -Party information (rec'd 2024-12-11) - CA (rec'd 2024-11-26) - Amended notice of application - Lower trial court Order - Proof of service (Rec'd 2025-01-09), Completed on: 2025-03-11 |
Xiu Jin Teng |
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 |
|---|---|---|
| Teng, Xiu Jin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Teng, Xiu Jin
This party is not represented by counsel.
Party: His Majesty the King
Counsel
Greg Tweney
Craig Harper
Email: Ken.R.Lockhart@ontario.ca
Summary
Keywords
Charter of Rights — Criminal law — Jury trial — Reasonable verdict — Whether the lower courts erred regarding the Rowbotham application — Whether the applicant’s ss. 10 and 11(b) Charter rights were violated — Whether there was an error in the jury charge regarding the circumstantial evidence – Whether the verdict was unreasonable — Whether the lower courts erred — Whether the applicant was detained — Canadian Charter of Rights and Freedoms, ss. 10 and 11(b).
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 the first-degree murder of her husband. During jury selection, the applicant brought a Rowbotham application and Charter challenges. The trial judge found that the Rowbotham application was not a bona fide attempt to obtain counsel, but was rather an attempt to derail and delay the trial. The trial judge dismissed the applicant’s ss. 10 and 11(b) Charter claims, and held that the applicant’s Charter rights had not been violated. The trial judge dismissed the applicant’s application and the trial proceeded. After a trial by judge and jury, the applicant was convicted of first-degree murder. The Court of Appeal dismissed the conviction appeal.
Lower court rulings
Written reasons rendered dismissing applicant’s Rowbotham application and Charter challenges
See file
Conviction 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 613‑996‑7933 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