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.
41878
His Majesty the King v. O.B.
(Quebec) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-11-14 | Close file on Leave | |
| 2025-11-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-11-13 | Judgment on leave sent to the parties | |
| 2025-11-13 |
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 of Quebec (Montréal), Number 500-10-007926-221, 2025 QCCA 512, dated April 28, 2025, is dismissed. Dismissed |
|
| 2025-09-29 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-06-26 | Letter acknowledging receipt of an incomplete application for leave to appeal, File open | |
| 2025-06-25 | Affidavit, in support of application, (Printed version filed on 2025-06-26) | His Majesty the King |
| 2025-06-25 | Notice of name, (Printed version filed on 2025-06-26) | His Majesty the King |
| 2025-06-25 | Certificate (on limitations to public access), 23B, (Printed version filed on 2025-06-26) | His Majesty the King |
| 2025-06-25 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-06-26) | His Majesty the King |
| 2025-06-25 |
Application for leave to appeal, (Book Form), PUB-BAN Missing: -Signed lower court judgement (rec'd 2025-07-24) -Separate document for the memorandum of argument (Rec 7-10-2025) -Proof of service (affidavit) (rec'd 2025-07-24) , Completed on: 2025-07-25, (Printed version filed on 2025-06-26) |
His Majesty the King |
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 |
|---|---|---|
| His Majesty the King | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| O.B. | Respondent | Active |
Counsel
Party: His Majesty the King
Counsel
393, rue Saint-Jacques, bureau 600
Montreal, Quebec
H2Y 1N9
Telephone: (514) 873-3856 Ext: 51081
FAX: (514) 904-4130
Email: marie-eve.lavoie@dpcp.gouv.qc.ca
Party: O.B.
Counsel
Montreal, Quebec
H2S 2N1
Telephone: (514) 970-3166
FAX: (514) 819-9694
Email: ckenol@kenollegal.com
Summary
Keywords
Criminal law — Appeals — Power of court of appeal — Uneven scrutiny — Whether Quebec Court of Appeal erred in applying uneven scrutiny to testimony to set aside conviction of O.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.
(PUBLICATION BAN IN CASE)
O.B. is alleged to have, on three separate occasions, committed sexual interference against a minor. At trial, O.B. advanced a defence of lack of opportunity; he also advanced a theory of confabulation. This is a case of contradictory versions.
At first instance, the judge applied W.(D.), rejected the accused’s version, found that his defence had not raised a reasonable doubt and maintained that all of the evidence led to a guilty verdict. The Court of Appeal raised a series of errors committed by the trial judge: he preferred the complainant’s testimony, he did not explain why he rejected O.B.’s anxiety and panic problems to justify his memory lapses, he used O.B.’s testimony obtained on a voir dire that was not filed as evidence on the merits and he did not consider the defence of confabulation. As a result, it ordered a new trial.
Lower court rulings
Accused convicted of having, for sexual purpose, touched part of body of person under age of 16 (s. 151(a) of Criminal Code)
Motion for leave to appeal granted
Appeal allowed
Trial judgment set aside and guilty verdict quashed
New trial ordered
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