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.
31213
Cherrylle Margaret Dell v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
(Publication ban in case) (Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-04-19 | Close file on Leave | |
| 2006-04-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-04-18 | Judgment on leave sent to the parties | |
| 2006-04-13 |
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 C36177, dated March 11, 2005, is dismissed. Dismissed |
|
| 2006-04-13 |
Decision on motion to extend time to file and /or serve the leave application, The application for an extension of time is granted. Granted |
|
| 2006-02-27 | All materials on application for leave submitted to the Judges, CJ Bi Cha | |
| 2006-02-27 | Submission of motion to extend time to file and/ or serve the leave application, CJ Bi Cha | |
| 2006-02-03 | Correspondence received from, (e-mail) Gowlings; page 3 to be inserted in the supplemental sealed document filed Nov. 18/05 | Cherrylle Margaret Dell |
| 2006-01-27 | Order on motion to extend time | |
| 2006-01-27 |
Decision on motion to extend time, to serve and file the applicant's reply to Jan. 12/06, Reg Granted |
|
| 2006-01-27 | Order on motion to extend time | |
| 2006-01-27 |
Decision on motion to extend time, to serve and file a lengthy respondent's response of 26 pages to Dec. 23/05, Reg Granted |
|
| 2006-01-27 | Correspondence received from, (by e-mail) Burke-Robertson; re: response filed on dec. 23/05 not subject to the sealing order | Her Majesty the Queen |
| 2006-01-27 | Submission of motion to extend time, Reg | |
| 2006-01-27 | Response to motion to extend time, (by e-mail) (joint with response of the applicant), Completed on: 2006-01-27 | Her Majesty the Queen |
| 2006-01-27 | Response to motion to extend time, (by e-mail) (joint with response of the respondent), Completed on: 2006-01-27 | Cherrylle Margaret Dell |
| 2006-01-25 | Motion to extend time, to file the respondent's response to Dec. 23/05 (joint with motion to file a response of 26 pages), Completed on: 2006-01-25 | Her Majesty the Queen |
| 2006-01-16 | Motion to extend time, to file the applicant's reply to Jan. 12/06, Completed on: 2006-01-16 | Cherrylle Margaret Dell |
| 2006-01-12 | Supplemental document, (Tab F of applicant's reply) 6 copies - SEALED envelopes | Cherrylle Margaret Dell |
| 2006-01-12 | Applicant's reply to respondent's argument, (joint with reply to extension of time), Completed on: 2006-01-12 | Cherrylle Margaret Dell |
| 2005-12-23 | Respondent's response on the application for leave to appeal, (extension of time requested), Completed on: 2006-01-25 | Her Majesty the Queen |
| 2005-12-20 | Supplemental document, (6 copies - SEALED envelopes) | Her Majesty the Queen |
| 2005-12-12 | Order on motion to seal, (BY CHARRON J.) | |
| 2005-12-12 |
Decision on motion to seal, Cha, UPON APPLICATION by counsel on behalf of the applicant for an order that the Supplementary application for leave to appeal, response and reply, if any, relating to the non-disclosure issue be sealed; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The motion is granted. 2) The sealed documents shall be filed in sealed envelopes and will only be made available to members of this Court, Court staff and other persons as the parties may, in writing, agree or as this Court may further order. Granted |
|
| 2005-12-12 | Submission of motion to seal, Cha | |
| 2005-12-07 | Response to motion to seal, (Letter Form), from Kenneth L. Campbell dated Dec. 7/05, Completed on: 2005-12-07 | Her Majesty the Queen |
| 2005-11-21 | Motion to seal, the supplementary leave application, the response and reply relating to the non-disclosure issue, Completed on: 2005-11-21 | Cherrylle Margaret Dell |
| 2005-11-21 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-11-18 | Supplemental document, (Supplementary Leave in SEALED envelope) (see ORDER dated Dec. 12) | Cherrylle Margaret Dell |
| 2005-11-18 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in application for leave to appeal), Completed on: 2005-11-18 | Cherrylle Margaret Dell |
| 2005-11-18 | Application for leave to appeal, Completed on: 2005-11-18 | Cherrylle Margaret Dell |
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 |
|---|---|---|
| Dell, Cherrylle Margaret | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Dell, Cherrylle Margaret
Counsel
180 Dundas Street West
Suite 1515
Toronto, Ontario
M5G 1Z3
Telephone: (416) 847-2560 Ext: 223
FAX: (416) 847-2564
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) 326-4600
FAX: (416) 326-4656
Email: kenneth.campbell@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.
Charter - Criminal law - Murder - Whether conviction reasonable - Whether Crown meeting burden of proof - Whether trial judge properly explaining how conflicting evidence resolved - Whether lifting confidential informer privilege justified.
Dell's estranged husband died after drinking a mixture of wine and antifreeze. She was arrested and charged with her husband's murder. While in custody, Dell made incriminating statements to a fellow inmate. The statements were admitted at trial. Dell did not testify at trial but two statements of denial she had previously made to police were admitted.
Lower court rulings
Ontario Superior Court of Justice
CR-97-01591B
Applicant convicted of first-degree murder contrary to s. 235(1) of the Criminal Code
Court of Appeal for Ontario
C36177
Appeal against conviction dismissed; Applicant's application to adduce fresh evidence 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 613‑996‑7933 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