Case information
Consult our database for details on a Supreme Court of Canada case.
32345
Erika Mendieta v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
(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) |
|---|---|---|
| 2008-02-11 | Close file on Leave | |
| 2008-02-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2008-02-08 | Judgment on leave sent to the parties | |
| 2008-02-07 |
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 C46699, 2007 ONCA 621, dated September 13, 2007, is dismissed. Dismissed |
|
| 2008-01-14 | All materials on application for leave submitted to the Judges, Bi LeB De | |
| 2008-01-02 | Order on motion to extend time | |
| 2008-01-02 |
Decision on motion to extend time, to serve and file the respondent's response to Dec. 12/07, Reg Granted |
|
| 2008-01-02 | Submission of motion to extend time, Reg | |
| 2007-12-19 | Motion to extend time, to file the respondent's response to Dec. 12/07, Completed on: 2007-12-19 | Her Majesty the Queen |
| 2007-12-12 | Correspondence received from, J. Woollcombe dated Dec. 12/07 (by fax) re: to have the leave application expedited | Her Majesty the Queen |
| 2007-12-12 | Respondent's response on the application for leave to appeal, Ext. of time requested, Completed on: 2007-12-19 | Her Majesty the Queen |
| 2007-11-26 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-11-23 | Correspondence received from, Edward D. Prutschi dated November 23, 2007 RE: No superior court order | Erika Mendieta |
| 2007-11-13 | Book of authorities | Erika Mendieta |
| 2007-11-13 | Application for leave to appeal, Completed on: 2007-11-13 | Erika Mendieta |
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 |
|---|---|---|
| Mendieta, Erika | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Mendieta, Erika
Counsel
5000 Yonge Street, Suite 1708
Toronto, Ontario
M2N 7E9
Telephone: (416) 365-1773
FAX: (416) 365-0866
Party: Her Majesty the Queen
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4604
FAX: (416) 326-4656
Email: jennifer.woollcombe@ontario.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.
(Publication ban in case)
Criminal law - Preliminary Inquiry - Committal to stand trial - Second degree murder - Manslaughter - Circumstantial Evidence - In a purely circumstantial case, against what standard is a preliminary inquiry judge to conduct his/her limited weighing of the circumstantial evidence to determine whether the inferences sought to be drawn by the Crown are justifiable inference or impermissible speculation? - Whether the Court of Appeal relied on factors that gave rise to mere speculation as opposed to rising to the level of justifiable legal inference.
The Applicant, Erika Mendieta, was charged with second degree murder in the death of her two-year-old daughter. The preliminary inquiry judge committed her to stand trial on that charge. By way of certiorari, the Superior Court of Justice quashed the murder committal and substituted a committal for manslaughter. The Court of Appeal reversed the decision and restored the committal for second degree murder.
Lower court rulings
Ontario Superior Court of Justice
SM59/06
see file
Court of Appeal for Ontario
C46699, 2007 ONCA 621
see file
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