Docket
39274
Meranda Leigh Dingwall, et al. v. Her Majesty the Queen, et al.
(British Columbia) (Criminal) (As of Right)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2021-11-18 | Appeal closed | |
| 2021-10-28 | Transcript received, 48 pages | |
| 2021-10-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2021-10-08 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2021-10-08 | Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA45647, CA45648 and CA45649, 2020 BCCA 108, dated April 9, 2020, was heard on October 8, 2021, and the Court on that day delivered the following judgment orally: ROWE J. — We would dismiss the appeal substantially for the reasons of Newbury J.A., at paras. 51 and 53. We would add that notwithstanding a misstatement of law with respect to circumstantial evidence set out by the trial judge in para. 9(b) of his reasons (2017 BCSC 1457 (CanLII)), the trial judge properly applied the law with respect to circumstantial evidence. Accordingly, no reliance need be placed on the curative authority under s. 686(1)(b)(iii) of the Criminal Code, R.S.C. 1985, c. C-46. Finally, we would note that while the Court of Appeal, in paras. 39 and 50, addressed the rule in Hodge’s Case (1838), 2 Lewin 227, 168 E.R. 1136, the scope and application of that rule is not before this Court. Dismissed |
|
| 2021-10-08 | Hearing of the appeal, 2021-10-08, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment rendered |
|
| 2021-10-06 | Appellant's condensed book, (Book Form), (Printed version filed on 2021-10-06) | Meranda Leigh Dingwall |
| 2021-10-05 | Respondent's condensed book, (Book Form), (Printed version filed on 2021-10-05) | Her Majesty the Queen |
| 2021-09-17 | Notice of appearance, (Letter Form), Susanne Elliott and Geoffrey R. McDonald will appear before the Court. Susanne Elliott will present oral argument. , (Printed version due on 2021-09-24) |
Her Majesty the Queen |
| 2021-09-15 | Notice of appearance, (Letter Form), Brent V. Bagnall will appear before the Court for the appellant Meranda Leigh Dingwall Roger P. Thirkell and Kenneth R. Beatch will appear before the Court for the appellant Christopher Ryan Russell Jason C. LeBlond will appear before the Court for the appellant Kelly Michael Richet Mr. Beatch will be delivering oral submissions on behalf of all three appellants., (Printed version due on 2021-09-22) |
Meranda Leigh Dingwall |
| 2021-06-28 | Notice of hearing sent to parties | |
| 2021-06-28 | Appeal hearing scheduled, 2021-10-08 Judgment rendered |
|
| 2021-06-18 | Respondent's factum, (Book Form), Completed on: 2021-06-30, (Printed version filed on 2021-06-18) | Her Majesty the Queen |
| 2021-05-05 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2021-05-05 | Order on motion to strike out, by ABELLA J. | |
| 2021-05-05 | Decision on motion to strike out, Abe, UPON APPLICATION by the respondent for an order striking portions of the appellants’ factum, and for an order staying the proceedings until the aforementioned motion has been disposed of, or alternatively, for an order extending the time to serve and file the respondent’s factum, record and book of authorities, if any; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion to strike is granted in part. Paragraphs 9-12, 72-88, 99, and 103-109 are struck from the appellants’ factum. All parties shall refrain from referring to the said paragraphs at the hearing of the appeal. The respondent is permitted additional time to serve and file its factum, record and book of authorities, if any, and must do so on or before June 21, 2021. Judgment accordingly |
|
| 2021-05-05 | Submission of motion to strike out, Abe | |
| 2021-03-29 | Response to motion to strike out, (Book Form), Completed on: 2021-03-30, (Printed version filed on 2021-04-09) | Meranda Leigh Dingwall |
| 2021-03-19 | Motion to strike out, (Book Form), Missing: Filing Fee (rec'd 2021-05-04), Completed on: 2021-05-04 | Her Majesty the Queen |
| 2021-03-11 | Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-03-18) | Meranda Leigh Dingwall |
| 2021-03-11 | Appellant's factum, (Book Form), Completed on: 2021-03-22, (Electronic version filed on 2021-03-11) | Meranda Leigh Dingwall |
| 2021-03-10 | Appellant's record, (Book Form), (3 volumes), Completed on: 2021-03-22, (Printed version filed on 2021-03-10) | Meranda Leigh Dingwall |
| 2021-02-09 | Notice of appeal, (Letter Form), Completed on: 2021-03-22, (Electronic version due on 2021-02-16) | Kelly Michael Richet |
| 2021-02-09 | Notice of appeal, (Letter Form), Completed on: 2021-03-22, (Printed version filed on 2021-02-12) | Christopher Ryan Russell |
| 2021-01-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-01-15 | Judgment on leave sent to the parties | |
| 2021-01-15 | Judgment on leave sent to the parties | |
| 2021-01-14 | Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the joint application for leave to appeal is granted. Leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA45647, CA45648 and CA45649, 2020 BCCA 108, dated April 9, 2020, is granted to Christopher Ryan Russell and Kelly Michael Richet only on the charges for which Meranda Leigh Dingwall can appeal as of right — counts 3 to 6 — based on Butler J.A.’s dissent at the Court of Appeal. Leave to appeal is denied to all three applicants on all of the other counts for which they were convicted and whose convictions were unanimously upheld by the Court of Appeal. Judgment accordingly |
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| 2021-01-14 | Decision on the miscellaneous motion, See judgment on application. Granted |
|
| 2021-01-14 | Decision on motion to extend time to file and /or serve the leave application, See judgment on application. Granted |
|
| 2021-01-07 | Correspondence received from, (Letter Form), Her Majesty the Queen changes Ottawa Agent from Robert E. Houston, Q.C. to Matthew Estabrooks., (Printed version due on 2021-01-14) | Her Majesty the Queen |
| 2020-11-30 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-11-30 | Submission of miscellaneous motion, for consideration by the Court | |
| 2020-11-30 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2020-11-18 | Correspondence (sent by the Court) to, counsel for the appellant, Meranda Leigh Dingwall. Letter from Acting Registrar, direction for filing deadline of the appeal documents. |
|
| 2020-11-17 | Correspondence received from, (Letter Form), agent for the respondent. Confirmation that Her Majesty the Queen consents to the request for an extension of time by Meranda Leigh Dingwall., (Printed version due on 2020-11-24) |
Her Majesty the Queen |
| 2020-11-03 | Correspondence received from, Michael Sobkin, Re: request an extension on appellant factum | Meranda Leigh Dingwall |
| 2020-10-22 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-10-22 | Meranda Leigh Dingwall |
| 2020-10-13 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2020-10-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-10-13 | Her Majesty the Queen |
| 2020-09-16 | Order on motion to extend time to serve and/or file notice of appeal, by KARAKATSANIS J. | |
| 2020-09-16 | Decision on motion to extend time to serve and/or file notice of appeal, Ka, UPON APPLICATION by the appellant an order extending the time to file her notice of appeal as of right to August 11, 2020; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2020-09-16 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Ka | |
| 2020-09-14 | Correspondence received from, (Letter Form), Michael Sobkin. The appellant will not be filing a reply to the response to the motion for an extension of time. , (Printed version due on 2020-09-21) |
Meranda Leigh Dingwall |
| 2020-09-01 | Response to motion to extend time to serve and/or file notice of appeal, (Letter Form), Completed on: 2020-09-01 | Her Majesty the Queen |
| 2020-08-24 | Letter acknowledging receipt of an incomplete application for leave to appeal, APPLICATION - FILE OPENED 08/24/20 | |
| 2020-08-20 | Certificate (on limitations to public access), (Letter Form) | Kelly Michael Richet |
| 2020-08-20 | Notice of miscellaneous motion, (Included in the application for leave to appeal), Motion to Join, Completed on: 2020-08-20 | Kelly Michael Richet |
| 2020-08-20 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2020-08-20 | Kelly Michael Richet |
| 2020-08-20 | Certificate (on limitations to public access), (Letter Form) | Christopher Ryan Russell |
| 2020-08-20 | Notice of miscellaneous motion, (Included in the application for leave to appeal), Motion to Join, Completed on: 2020-08-20 | Christopher Ryan Russell |
| 2020-08-20 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2020-08-20 | Christopher Ryan Russell |
| 2020-08-20 | Certificate (on limitations to public access), (Letter Form) | Meranda Leigh Dingwall |
| 2020-08-20 | Notice of miscellaneous motion, (Included in the application for leave to appeal), Motion to Join, Completed on: 2020-08-20 | Meranda Leigh Dingwall |
| 2020-08-20 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2020-08-20 | Meranda Leigh Dingwall |
| 2020-08-20 | Application for leave to appeal, (Book Form), Joint Application (Dingwall, Russell and Richet) , Completed on: 2020-08-26 |
Meranda Leigh Dingwall |
| 2020-08-17 | Letter acknowledging receipt of a notice of appeal, APPEAL AOR - FILE OPENED 08/17/20 | |
| 2020-08-11 | Supplemental document, (Letter Form), Supplementary affidavits in support of the motion for extension of time. Supplemental Document 01 - Affidavit Sakai Supplemental Document 02 - Affidavit Bagnall, Completed on: 2020-08-11, (Printed version filed on 2020-08-11) |
Meranda Leigh Dingwall |
| 2020-08-11 | Motion to extend the time to serve and/or file the notice of appeal, (Letter Form), Completed on: 2020-08-11 | Meranda Leigh Dingwall |
| 2020-08-11 | Certificate (on limitations to public access), (Letter Form) | Meranda Leigh Dingwall |
| 2020-08-11 | Notice of appeal, (Letter Form), Missing: Proof a copy of the notice of appeal was sent to the other appellants named at the Court of Appeal. (rec' 08/17/20), Completed on: 2020-08-24 | Meranda Leigh Dingwall |
- Date modified: