Case information
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31207
Donna Vieira 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-04-11 | Close file on Leave | |
| 2006-04-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-04-07 | Judgment on leave sent to the parties | |
| 2006-04-06 |
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 C42487, dated November 10, 2005, is dismissed. Dismissed |
|
| 2006-03-09 | Order on motion to extend time | |
| 2006-03-09 |
Decision on motion to extend time, Reg, to serve and file the respondent's response to Feb. 24/06 Granted |
|
| 2006-03-08 | Submission of motion to extend time, Reg | |
| 2006-03-08 | Response to motion to extend time, e-mail from Gowlings dated March 8/06, Completed on: 2006-03-08 | Donna Vieira |
| 2006-03-06 | All materials on application for leave submitted to the Judges, LeB F Abe | |
| 2006-02-24 | Motion to extend time, to file the respondent's response to Feb. 24/06, Completed on: 2006-02-24 | Her Majesty the Queen |
| 2006-02-24 | Respondent's response on the application for leave to appeal, Completed on: 2006-02-24 | Her Majesty the Queen |
| 2006-01-17 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2006-01-09 | Application for leave to appeal, (Signed C/A reasons requested) C/A reasons received on Jan. 19/06, Completed on: 2006-01-19 | Donna Vieira |
| 2005-11-16 | Notice of application for leave to appeal | Donna Vieira |
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 |
|---|---|---|
| Vieira, Donna | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Vieira, Donna
Counsel
144 King Street East
3rd Floor
Toronto, Ontario
M5C 1G8
Telephone: (416) 362-3681
FAX: (416) 366-1762
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
720 Bay Street, 10th floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4598
FAX: (416) 326-4656
Email: carol.brewer@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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.
Criminal law (Non Charter) - Offences - Arson - Exclusive opportunity - Evidence - Expert evidence - Whether trial judge was entitled to consider failure of defence expert to attend at scene of fire and failure of defence expert to be present in court for evidence of eyewitnesses as being relevant to weight to be accorded expert's opinion - Whether there was a basis upon which trial judge could reasonably conclude that accused had exclusive opportunity to start fire.
The Applicant accused owned one of eight homes destroyed or damaged by a fire. She was charged with eight counts of arson. The trial judge concluded that on the evidence, and beyond a reasonable doubt, the fire had been intentionally set and that the accused had the exclusive opportunity to start the fire.
Lower court rulings
Ontario Superior Court of Justice
Applicant convicted of eight counts of arson
Ontario Superior Court of Justice
Applicant sentenced to four years' imprisonment
Court of Appeal for Ontario
C42487
Appeal against conviction and sentence dismissed
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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