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.
30096
Cory Howard Grandinetti v. Her Majesty the Queen
(Alberta) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Date | Proceeding | Filed By (if applicable) |
---|---|---|
2005-02-16 | Appeal closed | |
2005-01-28 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
2005-01-27 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0003-0179-A4, dated October 31, 2003, heard on October 15, 2004, is dismissed. Dismissed |
|
2004-10-22 | Transcript received, (31 pages) | |
2004-10-15 | Judgment reserved OR rendered with reasons to follow | |
2004-10-15 | Appellant's condensed book, Submitted in Court (13 copies) | Cory Howard Grandinetti |
2004-10-15 | Acknowledgement and consent for video taping of proceedings, From all parties | |
2004-10-15 |
Hearing of the appeal, 2004-10-15, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
2004-10-13 | Notice of appearance, Patrick C. Fagan and Gregory R. Dunn will be present at hearing. | Cory Howard Grandinetti |
2004-08-03 | Notice of hearing sent to parties | |
2004-07-15 |
Appeal hearing scheduled, 2004-10-15 Judgment reserved |
|
2004-05-10 | Appeal perfected for hearing | |
2004-05-07 | Respondent's book of authorities, Completed on: 2004-05-07 | Her Majesty the Queen |
2004-05-07 | Respondent's factum, Completed on: 2004-05-07 | Her Majesty the Queen |
2004-04-30 | Judgment on leave sent to the parties | |
2004-04-29 |
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 of Alberta (Edmonton), Number 0003-0179-A4, dated October 31, 2003, is dismissed. Dismissed |
|
2004-03-31 | All materials on application for leave submitted to the Judges, Ia Bi Arb | |
2004-03-24 | Correspondence received from, M.-F. Major re: enclosing C/A Order and service | Cory Howard Grandinetti |
2004-03-15 | Appellant's book of authorities, Completed on: 2004-03-15 | Cory Howard Grandinetti |
2004-03-15 | Appellant's record, (Vol. 1 and 2) (Formal C/A Order rec'd March 24/04 with service and inserted at Tab 2 of the record on March 29/04), Completed on: 2004-03-15 | Cory Howard Grandinetti |
2004-03-15 | Appellant's factum, Completed on: 2004-03-15 | Cory Howard Grandinetti |
2004-02-26 | Appeal court record, (7 boxes - joint with Trial Court record) | |
2004-01-22 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
2004-01-21 | Respondent's response on the application for leave to appeal, Completed on: 2004-03-04 | Her Majesty the Queen |
2004-01-07 | Order on motion to extend time to serve and/or file notice of appeal, (BY IACOBUCCI J.) | |
2004-01-07 |
Decision on motion to extend time to serve and/or file notice of appeal, to Dec. 22/03, Ia Granted |
|
2004-01-07 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Ia | |
2003-12-29 | Application for leave to appeal, Volume 1 & 2 - Form 25B not signed (Appeal Court order rec'd Mar. 22/04) (Form 25B rec'd March 31/04), Completed on: 2004-03-31 | Cory Howard Grandinetti |
2003-12-29 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
2003-12-24 | Response to motion to extend time to serve and/or file notice of appeal, (Letter Form), from Gowlings dated Dec. 23/03 re: does not oppose (by fax), Completed on: 2003-12-24 | Her Majesty the Queen |
2003-12-22 | Motion to extend the time to serve and/or file the notice of appeal, to file the notice of appeal as of right (joint), Completed on: 2003-12-22 | Cory Howard Grandinetti |
2003-12-22 | Notice of appeal, (book form)(joint with extension of time), Completed on: 2004-01-08 | Cory Howard Grandinetti |
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 |
---|---|---|
Grandinetti, Cory Howard | Appellant | Active |
v.
Name | Role | Status |
---|---|---|
Her Majesty the Queen | Respondent | Active |
Counsel
Party: Grandinetti, Cory Howard
Counsel
1020, 706 - 7th Avenue S.W.
Calgary, Alberta
T2P 0Z1
Telephone: (403) 233-0443
FAX: (403) 233-0907
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Her Majesty the Queen
Counsel
Appeals & Criminal Law Policy
1620 - 639, 5 Avenue S.W.
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-5241
FAX: (403) 297-3453
Email: goran.tomljanovic@gov.ab.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
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.
The facts, as recited by the Court of Appeal, are as follows. In July 1996, Connie Grandinetti hired a lawyer to enforce payment of child support from Jeff Grandinetti. On January 15, 1997, her lawyer applied to the court for arrears of $12,000 plus ongoing child support. The parties were unable to reach a settlement.
At the end of February 1997, Jeff Grandinetti borrowed $10,000 from a friend. There was no paper trail linking Jeff Grandinetti to the money. The Appellant’s ex-girlfriend testified that in March 1997 the Appellant told her that Jeff Grandinetti wanted Connie killed. The Appellant told his ex-girlfriend that Jeff had obtained the money and he, the Appellant, was going to kill Connie with an overdose of heroin.
The Appellant took the bus from Edmonton to Calgary on April 4, 1997. He had two vials of pure heroin with him. The friend who dropped him off at the bus depot testified he saw the barrel of a gun in the Appellant’s duffle bag. The child support action between Jeff and Connie was scheduled to proceed on this date but was adjourned to April 18, 1997.
On the evening of April 9, 1997, the Appellant was still in Calgary. He borrowed his grandfather’s truck and picked up Connie in front of her apartment building at approximately 8:00 p.m. This was the last time Connie’s sons saw her alive. The body of Connie Grandinetti was found in a ditch outside Fort Saskatchewan on April 10, 1997 after being spotted by passing motorists. She had been shot twice in the back of the head at close range.
Police had some circumstantial evidence linking the Appellant to Connie Grandinetti’s death and he became the principal suspect. In July 1997, the R.C.M.P. commenced an undercover operation in order to obtain additional evidence. A number of police officers posed as members of a criminal organization in an attempt to win the Appellant’s confidence. The undercover officers obtained the Appellant’s trust and engaged him in various criminal activities. To satisfy the officers that he was not going to be arrested for Connie Grandinetti’s murder, the Appellant confessed that he was involved and provided the officers with the details of the murder and took them to the location where she was killed.
The Appellant was arrested and convicted of first degree murder after a jury trial. He appealed his conviction on a number of grounds, in particular voir dire rulings in which the trial judge concluded that the defence had failed to meet legal or evidentiary burdens. These rulings ultimately resulted in certain evidence, including confessions and inculpatory statements, being excluded or included, and concerned alleged abuse of process and violations of the Canadian Charter of Rights and Freedoms. A majority of the Court of Appeal dismissed the Appellant’s appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
9808-2644-C5
Conviction: first degree murder
Court of Appeal of Alberta (Edmonton)
0003-0179-A4
Appeal allowed and new trial ordered
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.
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Related links
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
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