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.
31918
Jean Dinardo v. Her Majesty the Queen
(Quebec) (Criminal) (As of Right)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2008-05-13 | Appeal closed | |
| 2008-05-12 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-05-12 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-05-09 |
Judgment on the appeal rendered, Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-003525-068, 2007 QCCA 287, dated February 26, 2007, heard on January 25, 2008, is allowed and a new trial is ordered. Allowed |
|
| 2008-02-12 | Transcript received, (54 pages) | |
| 2008-01-25 | Judgment reserved OR rendered with reasons to follow | |
| 2008-01-25 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2008-01-25 |
Hearing of the appeal, 2008-01-25, Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2008-01-09 | Notice of appearance, Catherine Sheitoyan & Marco Labrie will be present at the hearring | Jean Dinardo |
| 2008-01-08 | Notice of appearance, Henri-Pierre La Brie and Magalie Cimon will be present at the hearing. | Her Majesty the Queen |
| 2007-12-04 | Notice of hearing sent to parties | |
| 2007-12-04 |
Appeal hearing scheduled, 2008-01-25, Previously Feb. 22/07 Judgment reserved |
|
| 2007-08-07 | Appeal perfected for hearing | |
| 2007-07-27 | Respondent's book of authorities, Service missing (rec'd Aug. 3/07)., Completed on: 2007-08-03 | Her Majesty the Queen |
| 2007-07-27 | Respondent's factum, Service missing (rec'd Aug. 3/07)., Completed on: 2007-08-03 | Her Majesty the Queen |
| 2007-06-01 | Appellant's record, (Vol. I to III - service rec'd June 6/07), Completed on: 2007-06-06 | Jean Dinardo |
| 2007-06-01 | Appellant's book of authorities, (service rec'd June 6/07), Completed on: 2007-06-06 | Jean Dinardo |
| 2007-06-01 | Appellant's factum, (service and CD rec'd June 6/07), Completed on: 2007-06-06 | Jean Dinardo |
| 2007-04-20 | Correspondence received from, Noel & Ass. by fax re: the respondent is available for the hearing on Jan. 25/08 | Her Majesty the Queen |
| 2007-04-03 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2007-03-12 | Notice of appeal, (including 25B and reasons for judgment)(proof of service received March 19, 2007), Completed on: 2007-03-14 | Jean Dinardo |
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 |
|---|---|---|
| Dinardo, Jean | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Dinardo, Jean
Counsel
Marco La Brie
Montréal, Quebec
H2Y 1W7
Telephone: (514) 845-9211
FAX: (514) 845-4235
Email: catherinesheitoyan21@hotmail.ca
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
Magali Cimon
Bureau RC-17
1111, boul. Jacques-Cartier Est
Longueuil, Quebec
J4M 2J6
Telephone: (450) 646-4012 Ext: 61135
FAX: (450) 928-7486
Email: hplabrie@justice.gouv.qc.ca
Agent
17, rue Laurier, bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60422
FAX: (819) 772-3986
Email: dpilon@justice.gouv.qc.ca
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 – Appeals – Evidence – Sufficient reasons – Conflicting testimony – Credibility – Whether sufficient reasons given for trial judge’s decision – Whether, in light of principles from R. v. W.(D.), [1991] 1 S.C.R. 742, trial judge erred in analysis regarding credibility of accused.
Jean Dinardo is a taxi driver. On September 8, 2004, he went for the first time to the residence of the complainant, a young woman with a mild mental disability, to drive her to a youth centre (Maison des jeunes) for daytime activities. According to the victim, Dinardo assaulted her during the trip, but he denied having done so.
The trial judge considered the complainant’s version to be credible. The accused appealed his conviction, but the appeal was dismissed. Chamberland J.A., in dissent, would have ordered a new trial.
Lower court rulings
Court of Quebec
505-01-053038-044
Coupable
Court of Appeal of Quebec (Montréal)
500-10-003525-068
Rejette l'appel
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