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.
36739
Danny Wayne Lalumiere 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) |
|---|---|---|
| 2016-03-15 | Close file on Leave | |
| 2016-03-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-03-15 | Judgment on leave sent to the parties | |
| 2016-03-10 |
Decision on motion to extend time to file and /or serve the leave application, The motions for an extension of time to serve and file the application for leave to appeal and for the appointment of counsel are dismissed. In any event, had such a motion been granted, the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C51071, 2011 ONCA 825, dated December 23, 2011, would have been dismissed. Dismissed, no order as to costs |
|
| 2016-03-10 |
Decision on the motion to appoint counsel, Abe Ka Br Dismissed |
|
| 2016-02-01 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-02-01 | Submission of motion to extend time to file and/ or serve the leave application, Abe Ka Br | |
| 2016-02-01 | Submission of motion to appoint counsel, Abe Ka Br | |
| 2015-12-31 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2015-12-31, (Electronic version filed on 2016-01-26) | Danny Wayne Lalumiere |
| 2015-12-30 | Correspondence received from, (Letter Form), applicant failed to submit decisions made on new evidence. | Danny Wayne Lalumiere |
| 2015-12-14 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2015-12-14, (Electronic version filed on 2015-12-14) | Her Majesty the Queen |
| 2015-11-26 | Letter advising parties of a complete application for leave to appeal, file opened 2015-11-26. | |
| 2015-11-24 | Correspondence received from, (Included in the application for leave to appeal), applicant provided a new signed notice and CA Judgment 2015-11-24. | Danny Wayne Lalumiere |
| 2015-10-26 | Letter requesting materials at end of review period; Court file no. not assigned, Signed notice, copy CA and trial court reasons and proof of service missing. | |
| 2015-09-23 | Correspondence received from, (Letter Form), Applicant re : Fee waiver received 2015-09-23. Waiver granted 2015-11-26. | Danny Wayne Lalumiere |
| 2015-09-23 | Certificate (on limitations to public access), (Letter Form) | Danny Wayne Lalumiere |
| 2015-09-23 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2015-09-23 | Danny Wayne Lalumiere |
| 2015-09-02 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2015-08-13 | Letter acknowledging receipt of an application for leave to appeal | |
| 2015-08-11 | Motion to appoint counsel, (Book Form), (Included in the application for leave to appeal), Proof of service missing. Received 2015-11-24., Completed on: 2015-11-26 | Danny Wayne Lalumiere |
| 2015-08-11 | Application for leave to appeal, (Book Form), Proof of service, Orders (trial and CA), Form 23A and Motion for extension of time missing. Notice of of application for leave need to be revised. Fee waiver included in the application. All documentation received 2015-11-24., Completed on: 2015-11-26 | Danny Wayne Lalumiere |
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 |
|---|---|---|
| Lalumiere, Danny Wayne | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Lalumiere, Danny Wayne
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4555
FAX: (416) 326-4656
Email: randy.schwartz@ontario.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.
Charter of Rights – Criminal law – Trial – Trial fairness – Sections 8 and 24(2) of the Charter – Search and Seizure – Criminal law – Evidence – Fresh evidence – Whether there are issues of public importance raised – Charter, ss. 8, 24(2).
The applicant was in prison when he agreed to pay $5000 to an undercover police officer to have him kill his ex-wife and her partner. He was in prison serving a sentence for threatening his ex-wife and violating court orders imposed to protect her. The applicant was convicted of two counts of counselling to commit murder and was sentenced to life imprisonment. The Court of Appeal dismissed his conviction appeal, but allowed his sentence appeal and reduced his sentence to 16-years followed by 10 years supervision.
Lower court rulings
Ontario Superior Court of Justice
CJ 6482, C51071
Conviction for two counts of counsel to commit first degree murder
Court of Appeal for Ontario
C51071, 2011 ONCA 825
Appeal dismissed
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.
Downloadable PDFs
Not available
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
Not available