Case information
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41896
R.K. 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) |
|---|---|---|
| 2026-03-11 | Close file on Leave | |
| 2026-02-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-02-19 | Judgment on leave sent to the parties | |
| 2026-02-19 |
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 Alberta (Calgary), Number 2301-0046A, 2025 ABCA 197, dated June 6, 2025, is dismissed. Dismissed |
|
| 2026-01-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-10-03 | Certificate (on limitations to public access), 23B, (Printed version filed on 2025-10-03) | R.K. |
| 2025-10-03 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-10-03) | R.K. |
| 2025-10-03 | Respondent's response on the application for leave to appeal, (Book Form), PUB-BAN, Completed on: 2025-10-06, (Printed version filed on 2025-10-03) | R.K. |
| 2025-10-01 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2025-09-04 | Certificate (on limitations to public access), 23B, (Printed version filed on 2025-09-04) | R.K. |
| 2025-09-04 | Application for leave to appeal, (Book Form), PUB-BAN, Completed on: 2025-09-05, (Printed version filed on 2025-09-04) | R.K. |
| 2025-07-18 | Letter acknowledging receipt of a notice of application for leave to appeal, BARE NOTICE | |
| 2025-07-18 | Certificate (on limitations to public access), 23B, (Printed version filed on 2025-07-18) | R.K. |
| 2025-07-18 |
Certificate (on limitations to public access), PUB BAN 23A, (Printed version filed on 2025-09-04) |
R.K. |
| 2025-07-18 |
Notice of application for leave to appeal, PUB BAN Missing: -Proof of service (affidavit) (rec'd 2025-07-21) , Completed on: 2025-07-22, (Printed version filed on 2025-07-18) |
R.K. |
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 |
|---|---|---|
| R.K. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: R.K.
Counsel
630-6th Avenue SW
Suite 600
Calgary, Alberta
T2P 2Y5
Telephone: (403) 237-0025
FAX: (403) 237-0566
Email: mb@ruttanbates.com
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
Appeals and Specialized Prosecutions Office
300, 332-6th Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: jsg-acps.cal-appeals@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 — Assessment — Credibility — Inferences of common sense — Complainant’s motive to lie — Whether Court of Appeal erred in application of R. v. Kruk, 2024 SCC 7, and use of common sense to assess credibility of accused — Whether Court of Appeal erred in application of law regarding complainant’s motive to lie contrary to R. v. Gerrard, 2022 SCC 13, and R. v. Laboucan, 2010 SCC 12?
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 daughter of R.K.’s business partner alleged three incidents of sexual touching. R.K. was charged with sexual assault. The Crown led testimony from the complainant and her mother, as well as evidence of WhatsApp messages and a Snapchat exchange. R.K. testified and denied the allegations. R.K. was convicted in the Provincial Court of Alberta for sexual assault. The Court of Appeal of Alberta dismissed an appeal.
Lower court rulings
Conviction for sexual assault
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