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21996

Darlene Morin v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1992-04-27 Appeal closed
1992-04-01 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1992-04-01 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1992-04-01 Copy of formal judgment being prepared, S.R. Fainstein c/o Dept. of Justice (Ottawa,ON)
1992-04-01 Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON)
1992-03-26 Notice of deposit of judgment sent to all parties, S.F. Fainstein c/o Dept. of Justice (Ottawa,ON)
1992-03-26 Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottawa,ON)
1992-03-26 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-03-26 Judgment on the appeal rendered, CJ LaF So G McL St Ia, The appeal is dismissed, the Chief Justice dissenting.
Dismissed, no order as to costs
1991-10-16 General proceeding, transcripts received and distributed to the justices (191 pages) (joint with 21989+21993)
1991-10-01 Hearing of the appeal, 1991-10-01, CJ LaF So G McL St Ia
Decision reserved
1991-10-01 Affidavit, of Pierre Garceau, Q.C. (distributed in Court) re appointments to the Ontario Court (General Division) 10 copies Her Majesty the Queen
1991-09-26 Book of authorities, ADDITIONAL 10 copies (joint with 22989 & 22993), with service Her Majesty the Queen
1991-09-23 Intervener's factum, 24 copies (joint with 21993 and 21989), with service Attorney General of Canada
1991-09-18 Appeal hearing
1991-09-18 Appeal removed from the list
1991-09-18 Appeal hearing scheduled, 1991-10-01
Decision reserved
1991-09-17 Book of authorities, 10 copies, with service Her Majesty the Queen
1991-09-17 Respondent's factum, 24 copies, with service Her Majesty the Queen
1991-09-13 Order on motion to extend time, With service
1991-09-13 Order on motion for leave to intervene, With service
1991-09-06 General proceeding, to note memo from C. Alain issued to Justice McLachlin attaching Notices of Motion returnable Friday Sept. 6, 1991 at 10:00 a.m. in which the A.G. of Canada applies for an Order granting: 1) Extension of time within which to seek leave to intervene; 2) Le
1991-09-06 Decision on the motion for leave to intervene, and to present oral argument not to exceed 30 minutes, and to serve and file a factum by Sep/23/ 1991., McL
Granted, no order as to costs
1991-09-06 Hearing of motion for leave to intervene, 1991-09-06, and to present oral argument not to exceed 30 minutes, and to serve and file a factum by Sep/23/ 1991., McL
1991-09-06 Submission of motion for leave to intervene, 1991-09-06, and to present oral argument not to exceed 30 minutes, and to serve and file a factum by Sep/23/ 1991., McL
1991-09-06 Decision on motion to extend time, to Sep\06/91\, McL
Granted, no order as to costs
1991-09-06 Hearing of motion to extend time, 1991-09-06, to Sep\06/91\, McL
1991-09-06 Submission of motion to extend time, 1991-09-06, to Sep\06/91\, McL
1991-09-06 Notice of hearing, With service Darlene Morin
1991-09-04 Response to the motion for leave to intervene, of Attorney General of Canada Her Majesty the Queen
1991-09-04 Motion for leave to intervene, With service Attorney General of Canada
1991-09-04 Motion to extend time, for leave to intervene, with service Attorney General of Canada
1991-08-30 Affidavit, for leave to intervene of William howard Corbett, Q.C. Attorney General of Canada
1991-08-30 Motion to extend time, for leave to intervene Attorney General of Canada
1991-08-30 Affidavit, of William Howard Corbett, Q.C. Attorney General of Canada
1991-08-30 Motion for leave to intervene Attorney General of Canada
1991-08-23 Appeal perfected for hearing, Session beginning on 1991-10-01
1991-08-14 Book of authorities, 10 copies, with service Darlene Morin
1991-08-13 Appellant's factum, 21 copies, with service Darlene Morin
1991-07-04 Certified casebook, vols. 1 to 4, with service Darlene Morin
1991-06-25 Correspondence (sent by the Court) to, from A. Roland sent to Mr. Alan J. Risen C/O Risen, Epsey (Toronto,ON) advising him that the Court requires that his appeal be inscribed for the session commencing October 1, 1991, as the Court wishes to hear oral argument on this appeal at the beginning
1991-06-21 Case on appeal, 20 copies of vol. I to IV Darlene Morin
1991-04-29 Order granting leave to appeal, With service
1991-02-18 Notice of appeal, 2 copies, with service Darlene Morin
1991-01-25 Close file on Leave
1991-01-25 Notice of deposit of judgment issued to all parties, Risen, Espey, Farquharson, Scott & Kimball (Toronto,ON)
1991-01-25 Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston (Ottawa,ON)
1991-01-25 Judgment of the Court on the application for leave to appeal, So McL Ia, The application for leave to appeal is granted.
Granted, no order as to costs
1991-01-25 Hearing of the application for leave to appeal, 1991-01-25, So McL Ia
1991-01-25 All materials on application for leave submitted to the Judges, 1991-01-25, So McL Ia
1990-11-16 Correspondence received from, from R. Houston, re: expedite the motion (askov case) Her Majesty the Queen
1990-09-18 All materials on application for leave submitted to the Judges, W So McL
1990-09-04 Respondent's response on the application for leave to appeal, 5 copies, with service Her Majesty the Queen
1990-06-29 Correspondence received from, sent to Risen, Espey, Farquharson (Toronto,ON) enclosing receipt for the $30.00 fee received.
1990-06-26 $30.00 filing fee, #17868 Darlene Morin
1990-06-18 Application for leave to appeal, 5 copies, with service, Completed on: 1990-06-18 Darlene Morin

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

Main parties - Appellants
Name Role Status
Morin, Darlene Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active

Counsel

Party: Morin, Darlene

Counsel
Alan J. Risen
Robert Kimball
Risen, Espey & Inch
1C - 57 SIMCOE ST S
OSHAWA, Ontario
L1H 7L3
Telephone: (905) 571-3942
FAX: (905) 571-3986
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Her Majesty the Queen

Counsel
David A. Fairgrieve
M. Segal
K.L. Campbell
Attorney General for Ontario
720 BAY ST
TORONTO, Ontario
M5C 2K1
Telephone: (416) 326-2220
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Canada

Counsel
S. Ronald Fainstein, Q.C.
Attorney General of Canada
Department of Justice
239 Wellington St
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-8412

Summary

Keywords

None.

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.

None.

Lower court rulings

July 25, 1989
District Court of Ontario

SCA 4616/89

Summary conviction appeal allowed; Stay of prosecution entered

April 19, 1990
Court of Appeal for Ontario

787/89

Appeal allowed; stay set aside

Memorandums of argument on application for leave to appeal

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 filing 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

Factums on appeal

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

Webcasts

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Date modified: 2025-05-13