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36766

Dellen Millard 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2016-04-08 Close file on Leave
2016-03-18 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2016-03-18 Judgment on leave sent to the parties
2016-03-17 Judgment of the Court on the application for leave to appeal, The respondent’s motion to expedite the application for leave to appeal is granted. The applicant’s motions to join the two applications for leave to appeal and to extend the time to serve and file the first application for leave to appeal are granted. The applications for leave to appeal from the Order of MacDonnell J. of the Ontario Superior Court of Justice, dated August 17, 2015 and the Order of Belobaba J. of the Ontario Superior Court of Justice, dated December 2, 2015, are dismissed.
Dismissed
2016-03-17 Decision on motion to expedite the application for leave to appeal, See Judgment on leave application.
Granted
2016-03-17 Decision on the miscellaneous motion, CJ Mo Ga, See Judgment on leave application.
Granted
2016-03-17 Decision on motion to extend time to file and /or serve the leave application, See Judgment on leave application.
Granted
2016-02-15 All materials on application for leave submitted to the Judges, CJ Mo Ga
2016-02-15 Submission of motion to expedite the application for leave to appeal, CJ Mo Ga
2016-02-15 Submission of miscellaneous motion, CJ Mo Ga
2016-02-15 Submission of motion to extend time to file and/ or serve the leave application, CJ Mo Ga
2016-02-09 Response to the motion to expedite the application for leave to appeal, (Included in the applicant's reply to respondent's argument), Completed on: 2016-02-09 Dellen Millard
2016-02-09 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-02-09, (Electronic version filed on 2016-02-09) Dellen Millard
2016-02-02 Response to miscellaneous motion, (Included in the respondent's response on the application for leave to appeal), Completed on: 2016-02-02 Her Majesty the Queen
2016-02-02 Respondent's response on the application for leave to appeal, (Letter Form), SECOND APPLICATION., Completed on: 2016-02-02, (Electronic version filed on 2016-02-02) Her Majesty the Queen
2016-01-29 Motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2016-01-29, (Electronic version filed on 2016-01-29) Her Majesty the Queen
2016-01-29 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-01-29) Her Majesty the Queen
2016-01-29 Respondent's response on the application for leave to appeal, (Book Form), FIRST APPLICATION., Completed on: 2016-01-29, (Electronic version filed on 2016-01-29) Her Majesty the Queen
2016-01-28 Letter acknowledging receipt of a complete application for leave to appeal, SECOND APPLICATION.
2016-01-25 Notice of miscellaneous motion, (Book Form), (Included in the application for leave to appeal), motion to join., Completed on: 2016-01-25 Dellen Millard
2016-01-25 Certificate (if inappropriate for a judge to take part in adjudication), (Letter Form), (Electronic version filed on 2016-01-25) Dellen Millard
2016-01-25 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-01-25) Dellen Millard
2016-01-25 Application for leave to appeal, (Book Form), SECOND APPLICATION., Completed on: 2016-01-25, (Electronic version filed on 2016-01-25) Dellen Millard
2015-12-17 Correspondence received from, (Letter Form), agent for the applicant : grounds from the informant., (Electronic version filed on 2015-12-17) Dellen Millard
2015-12-16 Letter acknowledging receipt of a complete application for leave to appeal, FIRST APPLICATION. file opened 2015-12-16.
2015-12-11 Certificate (if inappropriate for a judge to take part in adjudication), (Letter Form), No judge has any connection with this case., (Electronic version filed on 2015-12-21) Dellen Millard
2015-12-11 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-12-21) Dellen Millard
2015-12-11 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: 2015-12-11 Dellen Millard
2015-12-11 Application for leave to appeal, (Book Form), FIRST APPLICATION., Completed on: 2015-12-16, (Electronic version filed on 2015-12-21) Dellen Millard

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

Main parties - Appellants
Name Role Status
Millard, Dellen Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: Millard, Dellen

Counsel
Name
John Sheard
Contact information
500 Danforth Avenue
Toronto, Ontario
M4K 1P6
Telephone: (647) 465-4035
FAX: (416) 466-5048
Email: john@sheardlaw.com
Agent
Name
Matthew B. Day
Contact information
Shore & Johnston
200 Elgin Street
Suite 800
Ottawa, Ontario
K2P 1L5
Telephone: (613) 806-6966
FAX: (613) 233-2374
Email: day@shoredavis.com

Party: Her Majesty the Queen

Counsel
Name
Rosella M. Cornaviera
Contact information
Attorney General of Ontario
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4616
FAX: (416) 326-4656
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
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 – Self-incrimination – Testimony – Whether the judge’s order compels the testimony of the Applicant pursuant to s. 527 of the Criminal Code

The Applicant seeks leave to appeal the orders of MacDonnell J. dated August 17, 2015 and Belobaba J. dated December 2, 2015.


Lower court rulings

August 17, 2015
Ontario Superior Court of Justice


Judge’s order issued to compel Applicant’s appearance in court

December 2, 2015
Ontario Superior Court of Justice


Judge’s order issued to compel Applicant’s appearance in court

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

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

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

Webcasts

Not available.

Date modified: 2025-02-27