Judge dismisses defence application to quash accused cold case rapist's committal to trial

By Michelle Dorey-Forestell, LJI Reporter, The Kingstonist

Justice Robyn Ryan Bell of the Ontario Superior Court of Justice has dismissed a defence application seeking to quash the preliminary inquiry decision that committed Lawrence Serson to stand trial.

The ruling was delivered Thursday afternoon, Mar. 5, 2026, at the Frontenac County Court House, following arguments earlier in the day on a certiorari application — a form of judicial review used to challenge decisions made during a preliminary inquiry.

Certiorari is a rarely used judicial remedy that allows a higher court to review whether a lower court exceeded its jurisdiction, and the scope of such a review is very limited. It is used to ask a higher court to review whether a preliminary inquiry judge made a jurisdictional error, such as committing an accused to trial in the absence of any evidence on an essential element of the offence.

Because of a publication ban in the case, details of the evidence presented at the preliminary inquiry cannot be reported.

In brief oral reasons, Ryan Bell granted the defence permission to bring the application even though it was filed outside the usual time limits, but she dismissed the request to overturn the committal for trial.

The judge told the court, “My bottom line ruling is this: an extension of time to bring the application is granted, but the application for certiorari is dismissed.”

Defence lawyer Robert Richardson, representing Serson, had argued that the preliminary inquiry judge erred in committing the accused for trial because the Crown failed to present reliable evidence capable of identifying Serson as the perpetrator.

Assistant Crown attorney Jennifer Ferguson opposed the application, arguing that the defence was improperly challenging the weight and reliability of the evidence rather than demonstrating a complete absence of evidence — the legal threshold required for a certiorari application to succeed.

At a preliminary inquiry, a judge must commit an accused to trial if there is some evidence upon which a properly instructed jury could convict. Ferguson maintained that the standard had been met and that questions about the reliability of the evidence are matters to be determined by a jury at trial.

Ryan Bell indicated that her written reasons for the decision would follow.

Following the ruling, the court turned to scheduling the remaining pre-trial motions that must be addressed before the case proceeds to trial.

Ferguson asked the court to hear an application concerning the voluntariness of statements allegedly made by Serson to police. Such applications determine whether statements can be admitted as evidence at trial.

Richardson indicated that the traditional voluntariness issue would not be contested but raised broader admissibility concerns regarding the statements, including relevance and potential prejudice.

Ryan Bell said it was not clear whether the issue could be determined solely on the basis of transcript evidence and suggested the application may require additional court time.

The court also discussed scheduling further motions, including a similar-fact evidence application and a hearsay issue, which are expected to take approximately half a day.

With applications scheduled for just two days this week, the judge said the court may require several additional days to hear those motions before trial and indicated that efforts would be made to secure additional court dates.

Court adjourned until Friday morning, March 6, when the parties were expected to begin addressing the remaining pre-trial applications.

Background

Serson was arrested by Kingston Police on Wednesday, Jan.18, 2023, in Hamilton following a cold case investigation by the Kingston Police Major Crime Unit.

The charges stem from an incident in Kingston in 1994 in which a woman was attacked and sexually assaulted in her home. According to Kingston Police, advances in forensic analysis helped investigators identify a suspect decades after the alleged offence.

Serson faces several charges, including sexual assault causing bodily harm, break and enter with intent, assault, uttering threats, and forcible confinement. A publication ban protects the identity of the complainant, who has since died.

The case has experienced several delays since the arrest. During earlier proceedings, Richardson argued the evidence against Serson contained significant weaknesses, while the Crown maintained the case should proceed to trial.

Despite the delays, Serson has remained in custody following a bail ruling last year in which a judge found that release would undermine public confidence in the administration of justice.

During the preliminary hearing, Serson pleaded guilty to a charge of uttering threats related to comments made during a police interview following his arrest. A judge sentenced him to 30 days in custody, with credit for time already served.

The case was subsequently committed to trial in the Superior Court following the preliminary inquiry.

Kingstonist will continue to provide coverage of this case as it makes its way through the courts.