Case information
Consult our database for details on a Supreme Court of Canada case.
41968
Devon Burry v. His Majesty the King
(Newfoundland & Labrador) (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 Newfoundland and Labrador, Number 202301H0052, 2025 NLCA 23, dated June 25, 2025, is dismissed. Dismissed |
|
| 2026-01-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-10-08 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-10-09) | His Majesty the King |
| 2025-10-08 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-10-09) | His Majesty the King |
| 2025-10-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-10-08, (Printed version due on 2025-10-16) | His Majesty the King |
| 2025-09-08 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-08-13 | Certificate (on limitations to public access), (Letter Form), Public Access to Information Form | Devon Burry |
| 2025-08-13 |
Application for leave to appeal, (Book Form), Missing Amended Notice of Application (File number) (Rec'd 2025-09-15) Amended Public Access to Information Form (Rec'd 202-10-09) TC Orders (Rec'd 202-10-09) Proof of Service (Rec'd 2025-09-15) , Completed on: 2025-10-09 |
Devon Burry |
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 |
|---|---|---|
| Burry, Devon | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Burry, Devon
This party is not represented by counsel.
Party: His Majesty the King
Counsel
Atlantic Place
PO Box 8700, Stn. A
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-2897
FAX: (709) 729-0716
Email: jeffreysummers@gov.nl.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 — Appeals — Leave to appeal — Applicant convicted of criminal harassment and breach of probation — Summary conviction appeal court dismissing appeal — Court of Appeal dismissing application for leave to appeal — Whether Court of Appeal erring by failing to characterize grounds of appeal as involving questions of law alone — Whether Court of Appeal erring by failing to address whether grounds of appeal had reasonable possibility of success —Whether Court of Appeal erring in applying test for leave — Criminal Code, R.S.C. 1985, c. C-46, s. 839(1)
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)
Applicant Devon Burry was charged with criminal harassment and breach of probation, contrary to ss. 264(1) and 733.1(1) of the Criminal Code, R.S.C. 1985, c. C-46, respectively. He was tried before the Provincial Court of Newfoundland and Labrador, and convicted on both counts. His appeal to a summary conviction appeal court was dismissed. The Court of Appeal for Newfoundland and Labrador dismissed his application for leave to appeal
Lower court rulings
Appeal dismissed
Application for leave to 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