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Case information

Consult our database for details on a Supreme Court of Canada case.


42067

Travis Babbington 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2026-06-04 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2026-06-04 Judgment on leave sent to the parties
2026-06-04 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 for Ontario, Number C70253, 2025 ONCA 395, dated May 28, 2025, is dismissed.
Dismissed
2026-06-04 Decision on motion to extend time to file and /or serve the leave application, See decision on application
Granted
2026-05-04 All materials on application for leave submitted to the Judges, for consideration by the Court
2026-05-04 Submission of motion to extend time to file and/ or serve the leave application, CJ Row Ob
2025-11-28 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-11-28) His Majesty the King
2025-11-28 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-11-28, (Printed version filed on 2025-11-28) His Majesty the King
2025-10-30 Letter acknowledging receipt of an incomplete application for leave to appeal, File opened
2025-10-30 Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2025-10-31, (Printed version filed on 2025-10-30) His Majesty the King
2025-10-30 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-10-30) Travis Babbington
2025-10-30 Affidavit, (Letter Form), In support of motion to extend time, (Printed version filed on 2025-10-30) Travis Babbington
2025-10-30 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: 2025-10-31, (Printed version filed on 2025-10-30) Travis Babbington
2025-10-30 Application for leave to appeal, (Book Form), (2 volumes), Missing:
- Signed Ontario Superior Court of justice judgment dated March 2, 2020 (rec'd 2025-10-31)
- 3 cover pages for Vol. 1 (rec'd 2025-12-02), Completed on: 2025-12-02, (Printed version filed on 2025-10-30)
Travis Babbington

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

Main parties - Appellants
Name Role Status
Babbington, Travis Applicant Active

v.

Main parties - Respondents
Name Role Status
His Majesty the King Respondent Active

Counsel

Party: Babbington, Travis

Counsel
Names
James Lockyer
Simon Kim
Contact information
Lockyer Zaduk Zeeh
102 Atlantic Avenue, Suite 100
Toronto, Ontario
M6K 1X9
Telephone: (416) 518-7983
FAX: (416) 613-8746
Email: jlockyer@lzzdefence.ca
Agent
Name
Matthew Estabrooks
Contact information
Gowling WLG (Canada) LLP
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com

Party: His Majesty the King

Counsel
Names
Deborah Krick
Deepa Negandhi
Contact information
Attorney General of Ontario
720 Bay Street
10th floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: deborah.krick@ontario.ca

Summary

Keywords

Criminal law — Evidence — Confessions — Statement to police — Whether the confessions rule should be revisited to ensure a more purposive approach to assessing voluntariness?

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.

When a 19-year old male answered a knock on the door of his motel room, he was confronted by four men. They fired multiple shots and murdered him. Mr. Babbington was arrested and charged with first degree murder. He gave a statement to the police. On a voir dire, the trial judge held that if Mr. Babbington testified, the statement was admissible into evidence for purposes of cross-examination by Crown counsel. Mr. Babbington did not testify at trial. He was convicted by a jury of first degree murder. The Court of Appeal dismissed an appeal from the conviction.

Lower court rulings

March 2, 2020
Ontario Superior Court of Justice

2020 ONSC 791

Mr. Babbington’s statement to police ruled admissible for cross-examination

May 28, 2025
Court of Appeal for Ontario

2025 ONCA 395

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

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

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

Webcasts

Not available.

Date modified: 2026-10-07