Case information
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41895
W.M.M. v. His Majesty the King
(Alberta) (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) |
|---|---|---|
| 2025-12-05 | Close file on Leave | |
| 2025-12-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-12-04 | Judgment on leave sent to the parties | |
| 2025-12-04 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 2301-0313A, 2024 ABCA 362, dated November 12, 2024, is dismissed. Dismissed |
|
| 2025-12-04 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application Granted |
|
| 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 | |
| 2025-08-29 | Certificate (on limitations to public access), (Letter Form), 23B;, (Printed version filed on 2025-08-29) | His Majesty the King |
| 2025-08-29 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2025-08-29) | His Majesty the King |
| 2025-08-29 | Respondent's response on the application for leave to appeal, (Book Form), PUBLICATION BAN, Completed on: 2025-08-29, (Printed version filed on 2025-08-29) | His Majesty the King |
| 2025-07-18 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2025-07-18; | |
| 2025-07-17 | Certificate (on limitations to public access), (Letter Form), 23B;, (Printed version filed on 2025-07-18) | W.M.M. |
| 2025-07-17 | Certificate (on limitations to public access), (Book Form), 23A;, (Printed version filed on 2025-07-18) | W.M.M. |
| 2025-07-17 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2025-07-18, (Printed version filed on 2025-07-18) | W.M.M. |
| 2025-07-17 | Application for leave to appeal, (Book Form), Completed on: 2025-07-21, (Printed version filed on 2025-07-18) | W.M.M. |
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 |
|---|---|---|
| W.M.M. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: W.M.M.
Counsel
Deborah Hatch
Suite 600, 630 6 Ave SW
Calgary, Alberta
T2P 0S8
Telephone: (403) 719-7500
FAX: (403) 719-3669
Email: as@serinklawoffice.ca
Agent
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: His Majesty the King
Counsel
300 Centrium Place
332 - 6th Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: andrew.barg@gov.ab.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: lea.desjardins@gowlingwlg.com
Summary
Keywords
Criminal law — Evidence — Credibility — Whether finding offence proven beyond reasonable doubt solely on finding complainant credible wrongly discounts accused’s evidence — Whether credibility analysis is reduced to the mischief intended to be ameliorated in R. v W.(D.), [1991] 1 S.C.R. 742, by finding fair assessment of accused’s denial must result in acceptance or rejection of whether that denial raises reasonable doubt?
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)
W.M.M. was tried for sexual offences and other offences. The complainant testified and was extensively cross-examined. W.M.M. testified and denied allegations of sexual contact and opportunity. He was convicted of some sexual offences and acquitted on other counts. The Court of Appeal dismissed an appeal.
Lower court rulings
Court of King’s Bench of Alberta
220304273P1
See file
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