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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.


41863

A.N. 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2025-10-27 All materials on application for leave submitted to the Judges, for consideration by the Court
2025-10-27 Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court
2025-08-21 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-08-22) His Majesty the King
2025-08-21 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-08-22) His Majesty the King
2025-08-20 Respondent's response on the application for leave to appeal, (Book Form), Missing
Proof of Service (Rec'd 2025-08-20);
23A (Rec'd 2025-08-21)
23B (Rec'd 2025-08-21), Completed on: 2025-08-20, (Printed version filed on 2025-08-21)
His Majesty the King
2025-06-26 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2025-06-26, (Printed version filed on 2025-06-26) A.N.
2025-06-26 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2025-07-04) A.N.
2025-06-20 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED
2025-06-17 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-06-18) A.N.
2025-06-17 Application for leave to appeal, (Book Form), Missing
Motion for extension of time (Rec'd 2025-06-26)
Form 23B (Rec'd 2025-06-26), Completed on: 2025-06-26, (Printed version filed on 2025-06-18)
A.N.

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

Main parties - Appellants
Name Role Status
A.N. Applicant Active

v.

Main parties - Respondents
Name Role Status
His Majesty the King Respondent Active

Counsel

Party: A.N.

Counsel
Mark C. Halfyard
Samantha Bondoux
Daniel Brown Law LLP
400-103 Church Street
Toronto, Ontario
M5C 2G3
Telephone: (416) 297-7200 Ext: 102
Email: halfyard@danielbrownlaw.ca
Agent
Colleen Bauman
Goldblatt Partners LLP
270 Albert Street
Suite 1400
Ottawa, Ontario
K1P 5G8
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com

Party: His Majesty the King

Counsel
Philippe G. Cowle
Attorney General of Ontario
Crown Law Office Criminal, 10th Flr.
720 Bay Street
Toronto, Ontario
M7A 2S9
Telephone: (437) 833-9466
FAX: (416) 326-4656
Email: philippe.cowle@ontario.ca

Summary

Keywords

Charter of Rights and Freedoms — Right to be tried within a reasonable time — Exceptional circumstances — Remedy — Stay of proceedings — When and how should trial judges account for lingering effects of pandemic delay as an exceptional circumstance deduction?

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)

A.N. was convicted of sexual offences and applied for a stay of proceedings for breach of his right to be tried within a reasonable time. The trial judge, in applying R. v. Jordan, 2016 SCC 27, in part deducted 60-days from total delay as an exceptional circumstance on the basis that the COVID-19 pandemic had caused a system-wide backlog of trial matters that indirectly impacted the proceedings. The trial judge calculated a net delay below the applicable 18-month presumptive ceiling and dismissed the motion. The Court of Appeal dismissed an appeal.

Lower court rulings

June 1, 2023
Ontario Court of Justice

21-7088

Application for stay of proceedings for breach of s. 11(b) of the Charter of Rights and Freedoms dismissed

April 17, 2025
Court of Appeal for Ontario

2025 ONCA 300

Appeal dismissed

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

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

Webcasts

Not available.

Date modified: 2025-11-08