Case information
Consult our database for details on a Supreme Court of Canada case.
42291
Alex Clarke 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) |
|---|---|---|
| 2026-06-03 | Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2026-06-04) | Alex Clarke |
| 2026-06-03 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2026-06-04) | Alex Clarke |
| 2026-06-03 | Appellant's book of authorities, (Book Form), Completed on: 2026-06-04, (Printed version filed on 2026-06-04) | Alex Clarke |
| 2026-06-03 | Appellant's record, (Book Form), PUB_BAN, Completed on: 2026-06-04, (Printed version filed on 2026-06-04) | Alex Clarke |
| 2026-06-03 | Appellant's factum, (Book Form), Completed on: 2026-06-04, (Printed version filed on 2026-06-04) | Alex Clarke |
| 2026-04-15 |
Correspondence (sent by the Court) to, all parties; by the REGISTRAR: Further to the filing of the Notice of appeal as of Right dated April 8, 2026, in the above referenced matter, the schedule for serving and filing the material is set as follows: a) The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before June 3, 2026. b) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before July 2, 2026. c) The appellant and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before July 13, 2026. d) Replies to any responses to the motions for leave to intervene shall be served and filed on or before July 20, 2026. e) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before September 3, 2026. f) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before July 29, 2026. g) The hearing date will be confirmed following a determination by the Court of its hearing schedule and you will be advised accordingly. |
|
| 2026-04-14 | Letter acknowledging receipt of a notice of appeal, FILE OPENED | |
| 2026-04-08 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2026-04-10) | Alex Clarke |
| 2026-04-08 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2026-04-15) | Alex Clarke |
| 2026-04-08 | Notice of appeal, (Letter Form), PUB_BAN, Completed on: 2026-04-08, (Printed version filed on 2026-04-10) | Alex Clarke |
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 |
|---|---|---|
| Clarke, Alex | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Clarke, Alex
Counsel
Jaime Mor
31 Clapperton Street
Barrie, Ontario
L4M 3E6
Telephone: (705) 721-6642
Email: admin@morfisher.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) 274-2601
Email: deepa.negandhi@ontario.ca
Summary
Keywords
Criminal law — Appeals — Misapprehension of evidence — Whether trial judge made errors material to decision to reject accused’s evidence in misapprehending evidence of accused and relying on stereotypes and unfounded common-sense assumptions.
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)
In the Ontario Superior Court of Justice, the appellant was convicted of one count of sexual assault against the complainant. The trial judge did not believe the appellant’s evidence and accepted the complainant’s evidence. He found that the evidence established the appellant’s guilt beyond a reasonable doubt and found him guilty.
A majority of the Ontario Court of Appeal dismissed the appellant’s appeal, concluding the trial judge made no errors. In dissent, George J.A. would have allowed the appeal and ordered a new trial. He was of the view that the trial judge misapprehended the appellant’s evidence and relied on stereotypes and unfounded common-sense assumptions. The errors were material to his decision to reject the appellant’s evidence and find him guilty.
Lower court rulings
Conviction for sexual assault
See File
Court of Appeal for Ontario
COA-24-CR-0615, 2026 ONCA 233
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