Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40634
His Majesty the King v. Melissa Merritt
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-08-25 | Close file on Leave | |
| 2023-08-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-08-24 | Judgment on leave sent to the parties | |
| 2023-08-24 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C65316, 2023 ONCA 3, dated January 5, 2023 is dismissed. Dismissed |
|
| 2023-06-05 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-04-05 | Certificate (on limitations to public access), (Electronic version filed on 2023-04-06) | Melissa Merritt |
| 2023-04-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-04-06, (Electronic version filed on 2023-04-06) | Melissa Merritt |
| 2023-03-07 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED: 2023-03-07 | |
| 2023-03-02 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2023-03-02) | His Majesty the King |
| 2023-03-02 |
Application for leave to appeal, (Book Form), Missing: - Trial court judgment and order (rec'd 2023-03-10), Completed on: 2023-03-15, (Printed version filed on 2023-03-02) |
His Majesty the King |
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 |
|---|---|---|
| His Majesty the King | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Merritt, Melissa | Respondent | Active |
Counsel
Party: His Majesty the King
Counsel
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: elise.nakelsky@ontario.ca
Party: Merritt, Melissa
Counsel
Chloe Boubalos
103 Church Street, Suite 400
Toronto, Ontario
M5C 2G3
Telephone: (416) 297-7200 Ext: 102
Email: halfyard@danielbrownlaw.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Criminal law — Charge to jury — Appeals — Role of appellate courts when reviewing jury instructions and factual findings in large, complex criminal prosecutions — Role of appellate courts when assessing the overall functionality of jury charges — Role of appellate courts in assessing and applying the curative proviso — Criminal Code, R.S.C. 1985, c. C-46, s. 686(1)(b)(iii)
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.
Respondent Melissa Merritt’s former spouse was fatally attacked in Ontario on August 23, 2013.
Ms. Merritt was interviewed by police that day. During the interview she recounted her movements from the evening before, including a visit to a shopping mall. However, Ms. Merritt did not tell police that while at the mall, her common law spouse had purchased shoes. Those shoes were later forensically linked to the killing of Ms. Merritt’s former spouse.
Shortly after the killing, Ms. Merritt moved to Nova Scotia. Several months later, Ms. Merritt and her common law spouse were arrested, charged with murder, and transported back to Ontario. While at the airport awaiting transport, police intercepted and recorded a conversation between them.
Following a trial before a jury, Ms. Merritt was convicted of first degree murder.
Ms. Merritt appealed from her conviction, arguing that the trial judge committed significant errors in his jury instruction concerning: (1) her failure to mention the shoe purchase to police; and (2) the intelligibility of a statement she made in the recorded conversation from the airport. The Court of Appeal allowed Ms. Merritt's appeal, set aside her conviction, and ordered a new trial.
Lower court rulings
Ontario Superior Court of Justice
Conviction for first degree murder.
Court of Appeal for Ontario
2023 ONCA 3, C65316
Appeal allowed; conviction set aside, new trial ordered.
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 613‑996‑7933 or at 1‑888‑551‑1185.
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 613‑996‑7933 or at 1‑888‑551‑1185.
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 613‑996‑7933 or at 1‑888‑551‑1185.
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