Case information
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41963
G.G. v. His Majesty the King
(Ontario) (Criminal) (As of Right)
(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) |
|---|---|---|
| 2025-12-04 | Notice of hearing sent to parties | |
| 2025-12-04 | Appeal hearing scheduled, 2026-03-20 | |
| 2025-11-20 | Order on motion to extend time, by THE REGISTRAR | |
| 2025-11-20 |
Decision on motion to extend time, Reg, UPON APPLICATION by the appellant, G.G., for an order extending the time to serve and file an amended notice of appeal and his factum and record; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion to extend time to serve and file the appellant’s factum and record to November 7, 2025 is granted. It is not necessary to consider the motion to extend time to serve and file an amended notice of appeal, as no extension of time is required to amend a notice of appeal that was originally filed within the prescribed time. Granted |
|
| 2025-11-20 | Submission of motion to extend time, Reg | |
| 2025-11-14 | Correspondence received from, Respondent, consent to motion | His Majesty the King |
| 2025-11-07 | Motion to extend time, (Book Form), to serve and file Appellant's material, Completed on: 2025-11-13, (Printed version filed on 2025-11-07) | G.G. |
| 2025-11-07 | Appellant's record, (Book Form), (3 volumes), PUB-BAN, Completed on: 2025-11-10, (Printed version filed on 2025-11-07) | G.G. |
| 2025-11-07 | Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2025-11-07) | G.G. |
| 2025-11-07 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-11-07) | G.G. |
| 2025-11-07 | Appellant's factum, (Book Form), Completed on: 2025-11-13, (Printed version filed on 2025-11-12) | G.G. |
| 2025-10-30 |
Certificate (on limitations to public access), (Letter Form), 23B Related to Amended Notice of appeal Amended version required, (Printed version filed on 2025-11-03) |
G.G. |
| 2025-09-03 | Letter acknowledging receipt of a notice of appeal, File opened | |
| 2025-09-02 | Certificate (on limitations to public access), 23B, (Printed version filed on 2025-09-03) | G.G. |
| 2025-09-02 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-09-03) | G.G. |
| 2025-09-02 |
Notice of appeal, PUB BAN Amended version filed on Oct. 30, 2025 Missing: -Motion to extend time (rec'd 2025-11-07) -Amended 23B, Incomplete, (Printed version filed on 2025-09-03) |
G.G. |
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 |
|---|---|---|
| G.G. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: G.G.
Counsel
Herman Gill
26 Wellington Street East, Suite 400
Toronto, Ontario
M5E 1S2
Telephone: (647) 873-2901
Email: manevich@btlegal.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: His Majesty the King
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
Email: raoof.zamanifar@ontario.ca
Summary
Keywords
Criminal law — Sexual assault — Time of offence — Alibi for time of offence — Is the Crown required to prove, beyond a reasonable doubt, the time of an alleged sexual assault? — When is proof of the time of an offence required? — Does the defence of alibi have to cover the entire period of the indictment based on the evidence adduced at trial?
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 appellant, G.G., was charged with sexual assault on the basis that he engaged in non consensual sexual intercourse with the complainant. Both the appellant and the complainant agree that sexual intercourse occurred on April 7, 2021; however, they dispute the time at which it occurred and whether it was consensual. The appellant advanced what the trial judge construed as an alibi defence, asserting he had left the family home prior to the time the complainant alleged the sexual assault occurred. Although the trial judge found that the appellant had committed the sexual assault, he nonetheless entered an acquittal on the basis that the Crown had failed to prove, beyond a reasonable doubt, that the sexual assault occurred within the timeframe alleged by the complainant. The Crown appealed the acquittal. The Court of Appeal for Ontario allowed the appeal, set aside the acquittal, entered a conviction for sexual assault and remitted the matter to the trial court for sentencing. It concluded that, in the circumstances of this case, it was unnecessary for the Crown to prove that the sexual assault took place in that specific window of time.
Lower court rulings
Ontario Court of Justice
3111-998-21-9941-00
Appellant acquitted of sexual assault.
Appeal allowed, acquittal set aside, conviction for sexual assault entered and matter remitted to the trial court for sentencing.
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