Case information
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41830
B.B. v. His Majesty the King
(Ontario) (Criminal) (As of Right)
(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) |
|---|---|---|
| 2025-12-05 | Correspondence (sent by the Court) to, Letter of direction | |
| 2025-12-04 | Notice of hearing sent to parties | |
| 2025-12-04 | Appeal hearing scheduled, 2026-01-22 | |
| 2025-09-18 | Appeal perfected for hearing | |
| 2025-09-16 |
Certificate (on limitations to public access), 23B Amended version required (rec'd 2025-09-19), (Printed version due on 2025-09-23) |
His Majesty the King |
| 2025-09-16 | Certificate (on limitations to public access), 23A, (Printed version due on 2025-09-23) | His Majesty the King |
| 2025-09-16 | Respondent's factum, (Book Form), Completed on: 2025-09-18, (Printed version filed on 2025-09-18) | His Majesty the King |
| 2025-07-23 | Certificate of counsel (attesting to record), 24A, (Printed version filed on 2025-07-24) | B.B. |
| 2025-07-22 | Certificate (on limitations to public access), 23B, (Printed version filed on 2025-07-24) | B.B. |
| 2025-07-22 | Appellant's record, (Book Form), (2 volumes), PUB BAN, Completed on: 2025-07-28, (Printed version filed on 2025-07-24) | B.B. |
| 2025-07-22 | Appellant's factum, (Book Form), Amended Factum (Rec'd 2025-09-09) + Paper copies rec'd 2025-09-12, Completed on: 2025-07-28, (Printed version filed on 2025-07-24) | B.B. |
| 2025-06-02 | Letter acknowledging receipt of a notice of appeal, FILE OPENED | |
| 2025-05-28 | Notice of name, (Letter Form), (Printed version filed on 2025-05-30) | B.B. |
| 2025-05-28 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-05-30) | B.B. |
| 2025-05-28 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-05-30) | B.B. |
| 2025-05-28 | Notice of appeal, (Letter Form), PUB-BAN, Completed on: 2025-05-28, (Printed version filed on 2025-05-30) | B.B. |
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 |
|---|---|---|
| B.B. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: B.B.
Counsel
Marcela Ahumada
18 York St., Suite 430
Toronto, Ontario
M5J 2T8
Telephone: (416) 360-2776
Email: mlacy@lacynasterllp.ca
Party: His Majesty the King
Counsel
Stephanie Pak
720 Bay Street - 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (437) 833-8836
FAX: (416) 326-4656
Email: Hannah.Freeman@ontario.ca
Summary
Keywords
Criminal law — Evidence — Assessment — Misapprehension of evidence — Whether the trial judge misapprehended the evidence in a manner that affected the reasoning path that led the trial judge to convict the appellant.
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 appellant, B.B., was charged with sexual offences allegedly committed against his two stepdaughters on various dates between 1999 and 2005. He was convicted by the trial judge of sexual assault, based on forced sexual intercourse and oral sex, against only one of the complainants. The trial judge conditionally stayed a partly overlapping charge of sexual exploitation. The appellant appealed his conviction and argued that the trial judge misapprehended the evidence regarding the timing of the complainant’s sexual assault allegations. The majority of the Court of Appeal for Ontario dismissed the appeal. It found that the trial judge did not misapprehend the evidence, emphasizing that the complainant’s testimony about the assaults was detailed, coherent, and credible. Justice Dawe, dissenting, would have allowed the appeal, set aside the sexual assault conviction, lifted the conditional stay of proceedings on the charge of sexual exploitation, and ordered a new trial on those two charges. He concluded that that the trial judge misapprehended the complainant’s evidence in a manner that affected the reasoning path by which she found the appellant guilty on the sexual assault charge.
Lower court rulings
Ontario Superior Court of Justice
15832/22
Accused convicted of sexual assault by trial judge, Justice Jocelyn Speyer.
Appeal dismissed.
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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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