Case information
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41901
Jacob Alexander Tolchinsky v. His Majesty the King
(Alberta) (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) |
|---|---|---|
| 2025-11-21 | Close file on Leave | |
| 2025-11-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-11-20 | Judgment on leave sent to the parties | |
| 2025-11-20 |
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 2301-0286A, 2025 ABCA 15, dated January 21, 2025, is dismissed. Dismissed |
|
| 2025-11-20 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application Granted |
|
| 2025-10-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-10-20 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-09-02 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2025-09-02, (Printed version filed on 2025-09-02) | Jacob Alexander Tolchinsky |
| 2025-08-21 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-08-22) | His Majesty the King |
| 2025-08-21 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-08-22, (Printed version filed on 2025-08-22) | His Majesty the King |
| 2025-07-25 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2025-07-25; | |
| 2025-07-24 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2025-07-25) | Jacob Alexander Tolchinsky |
| 2025-07-24 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2025-07-25, (Printed version filed on 2025-07-25) | Jacob Alexander Tolchinsky |
| 2025-07-24 | Application for leave to appeal, (Book Form), Completed on: 2025-07-24, (Printed version filed on 2025-07-25) | Jacob Alexander Tolchinsky |
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 |
|---|---|---|
| Tolchinsky, Jacob Alexander | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Tolchinsky, Jacob Alexander
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
3rd Floor, Centrium Place
300, 332 - 6 Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: julie.morgan@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Criminal law — Offences — Elements of Offence — Whether the applicant had the required subjective knowledge or foresight — Should accident, based on a mistake of fact, be considered in an analysis under s. 229(c) of the Criminal Code? — Can the express findings of a trial judge in reasons for judgment be undermined by comments made by the judge during closing argument? — What is the proper analysis under s. 231(5) when murder has been found under s. 229(c) of the Criminal Code?
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.
During a home invasion the applicant fatally shot a homeowner in the back. The applicant, along with three other perpetrators, intended to steal valuables from the residence. The applicant claimed the shooting was accidental, asserting that the gun discharged unintentionally during a struggle with the victim. The trial judge found the applicant guilty of first-degree murder under s. 231(5) of the Criminal Code, concluding that the applicant had subjective knowledge of the likelihood of the victim’s death when he pulled the trigger. The conviction appeal was dismissed.
Lower court rulings
Conviction entered: first degree murder
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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