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.
41898
Habibullah Daniel Ahmadi v. His Majesty the King
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-10-27 | 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 | |
| 2025-09-03 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2025-09-03, (Printed version filed on 2025-09-03) | Habibullah Daniel Ahmadi |
| 2025-08-28 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-09-05) | His Majesty the King |
| 2025-08-28 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-08-29, (Printed version filed on 2025-09-05) | His Majesty the King |
| 2025-07-23 | Letter acknowledging receipt of an incomplete application for leave to appeal, File open | |
| 2025-07-22 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-07-23) | Habibullah Daniel Ahmadi |
| 2025-07-22 | Affidavit, (Book Form), (Included in the application for leave to appeal), In support of motion to extend time, (Printed version filed on 2025-07-23) | Habibullah Daniel Ahmadi |
| 2025-07-22 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2025-07-28, (Printed version filed on 2025-07-23) | Habibullah Daniel Ahmadi |
| 2025-07-22 |
Application for leave to appeal, (Book Form), Missing: -TC Order (rec'd 2025-07-23), Completed on: 2025-07-28, (Printed version filed on 2025-07-23) |
Habibullah Daniel Ahmadi |
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 |
|---|---|---|
| Habibullah Daniel Ahmadi | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Habibullah Daniel Ahmadi
Counsel
Tabir Malik
30 Duncan Street
5th Floor
Toronto, Ontario
M5V 2C3
Telephone: (416) 979-6446
FAX: (866) 714-1196
Email: faddario@addario.ca
Agent
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
720 Bay Street, 10th floor
Toronto, Ontario
M7A 2S9
Telephone: (437) 277-7834
Email: jim.clark2@ontario.ca
Summary
Keywords
Criminal law – Evidence – Post-arrest out-of-court statements – When assessing whether an accused fabricated their post-arrest out-of-court statements, can the trier of fact use the “circumstances” of a statement as independent evidence of fabrication? – If not, what is the scope of the independent evidence that a trier of fact may use to assess whether an accused fabricated their post-arrest statements to the police?
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.
After a long night of smoking marijuana and consuming magic mushrooms with several other young men, the applicant assaulted a 75 year old woman he came across while walking on a trail. The victim never regained consciousness and eventually passed away from the injuries the applicant inflicted on her. The applicant was convicted of second degree murder. The Court of Appeal dismissed the appeal.
Lower court rulings
Conviction entered: second degree murder
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
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