COURT OF APPEAL FOR ONTARIO

DATE: 20260121

DOCKET: COA-24-CR-0274

Simmons, Favreau and Rahman JJ.A.

BETWEEN

His Majesty the King

Respondent

and

A.D.H.

Appellant

Stephen Whitzman, for the appellant

Emily Bala, for the respondent

Heard and rendered orally: January 16, 2026

On appeal from the convictions entered by Justice Kendra D. Coats of the Superior Court of Justice, sitting with a jury, on October 24, 2023.

REASONS FOR DECISION

[ 1 ] We reject the appellant’s claim of ineffective assistance of counsel. The version of events he says his counsel failed to advance on the stage one s. 276 [2] application lacks sufficient specificity to meet the Reimer [3] test for admissibility of present intention evidence. Even if an application could have survived stage one, it could not have survived stage two because of the lack of specificity. Accordingly, the appellant could not meet the prejudice component of the test for ineffective assistance of counsel: R. v. G.D.B ., 2000 SCC 22 , [2000] 1 S.C.R. 520, at para. 29 ; R. v. Faudar , 2021 ONCA 226 , at para. 106 .

[ 2 ] The appeal is therefore dismissed.

“Janet Simmons J.A.”

“L. Favreau J.A.”

“M. Rahman J.A.”

[1] This appeal is subject to a publication ban pursuant to s. 486.4 of the Criminal Code , R.S.C. 1985, c. C-46, and ss. 110 and 111 of the Youth Criminal Justice Act , S.C. 2002, c. 1.

[2] s. 276 of the Criminal Code , R.S.C. 1985, c. C-46.

[3] R. v. Reimer , 2024 ONCA 519 , 173 O.R. (3d) 412, leave to appeal dismissed [2024] S.C.C.A. No. 392.