Case information
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37266
Melissa Merritt, et al. 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) |
|---|---|---|
| 2017-01-30 | Close file on Leave | |
| 2017-01-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-01-24 | Judgment on leave sent to the parties | |
| 2017-01-19 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Ontario Superior Court of Justice, Number CRIMJ(P) 1459/16, 2016 ONSC 5401, dated August 26, 2016, is dismissed. Dismissed |
|
| 2017-01-19 |
Decision on motion to extend time to file and /or serve the leave application, see decision on the application. Granted |
|
| 2016-12-05 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2016-12-05 | Submission of motion to expedite the application for leave to appeal, Abe Ka Br | |
| 2016-12-05 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2016-11-28 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-11-28, (Electronic version filed on 2016-11-28) | Melissa Merritt |
| 2016-11-23 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-11-23) | Her Majesty the Queen |
| 2016-11-23 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-11-23, (Electronic version filed on 2016-11-23) | Her Majesty the Queen |
| 2016-11-16 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2016-11-15 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-11-15) | Melissa Merritt |
| 2016-11-15 | Motion to expedite the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2016-11-15, (Electronic version filed on 2016-11-15) | Melissa Merritt |
| 2016-11-15 | 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: 2016-11-15, (Electronic version filed on 2016-11-15) | Melissa Merritt |
| 2016-11-15 | Application for leave to appeal, (Book Form), Completed on: 2016-11-15, (Electronic version filed on 2016-11-15) | Melissa Merritt |
| 2016-11-04 | Discontinuance of motion for a stay, (Letter Form), Letter from Matthew Estabrooks saying that the applicants abandon their motion for a stay of procedings. , (Electronic version filed on 2016-11-04) | Melissa Merritt |
| 2016-10-28 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2016-10-26 | Correspondence received from, Letter saying that the parties agreed that the motion for stay should be held in abeyance and to expedite the application for leave to appeal. | Melissa Merritt |
| 2016-10-24 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-10-24) | Melissa Merritt |
| 2016-10-24 | Motion for a stay of execution, (Book Form), (Included in the notice of application for leave to appeal), Completed on: 2016-10-24, (Electronic version filed on 2016-10-24) | Melissa Merritt |
| 2016-10-24 | Notice of application for leave to appeal, (Book Form), Completed on: 2016-10-26, (Electronic version filed on 2016-10-24) | Melissa Merritt |
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 |
|---|---|---|
| Merritt, Melissa | Applicant | Active |
| Fattore, Christopher | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Merritt, Melissa
Counsel
30 St. Clair Ave. West, Suite 103
Toronto, Ontario
M4V 3A1
Telephone: (416) 847-2560 Ext: 223
FAX: (416) 847-2564
Email: pcampbell@lcp-law.com
Agent
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Fattore, Christopher
Counsel
30 St. Clair Ave. West, Suite 103
Toronto, Ontario
M4V 3A1
Telephone: (416) 847-2560 Ext: 223
FAX: (416) 847-2564
Email: pcampbell@lcp-law.com
Agent
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
720 Bay St., 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: matthew.asma@ontario.ca
Agent
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.
(PUBLICATION BAN IN CASE)
Charter of Rights and Freedoms – Search and seizure – Procedural law – Criminal procedure – Procedure to follow when accused seeks to challenge the validity of a search warrant before a search is complete and evidence is discovered.
In 2014, the applicants were arrested and charged with two counts each of first-degree murder. Christopher Fattore also was charged with one count of second-degree murder. Police seized their family computer and locked down their Gmail accounts. In 2016, police obtained an ex parte general warrant allowing them to search a Gmail account with intent to link some emails in the account with allegedly incriminating internet searches in order to establish that one or both of the applicants conducted the searches. The police suspended their search of the Gmail account when they realized that it contains solicitor-client privileged emails. Defence counsel took a position that the emails in the G-mail account cannot be used to link any internet searches to either accused. Ms. Merritt brought a motion seeking in part to quash the general warrant.
Lower court rulings
Ontario Superior Court of Justice
2016 ONSC 5401, CRIMJ(P) 1459/16
Motion 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