Case information
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37357
Daniel Lavallée v. Her Majesty the Queen
(Quebec) (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) |
|---|---|---|
| 2017-03-10 | Close file on Leave | |
| 2017-03-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-03-10 | Judgment on leave sent to the parties | |
| 2017-03-09 |
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 Court of Appeal of Quebec (Montréal), Number 500-10-005905-151, 2016 QCCA 1655, dated October 6, 2016, is dismissed without costs. Dismissed, without costs |
|
| 2017-03-09 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2017-02-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-02-06 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2017-01-26 | Correspondence received from, Walid Hijazi dated 2017-01-26. Re: Amended notice of application for leave to appeal | Daniel Lavallée |
| 2017-01-17 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2017-01-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-01-17 | Her Majesty the Queen |
| 2016-12-19 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2016-12-19 | |
| 2016-12-19 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2016-12-19 | Daniel Lavallée |
| 2016-12-19 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Daniel Lavallée |
| 2016-12-19 | Application for leave to appeal, (Book Form), Amended notice received on 2017-01-26, Completed on: 2016-12-19 | Daniel Lavallée |
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 |
|---|---|---|
| Lavallée, Daniel | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Lavallée, Daniel
Counsel
Montréal, Quebec
H2Y 3T3
Telephone: (514) 840-9119
FAX: (514) 840-0177
Email: whijazi@aadm.ca
Party: Her Majesty the Queen
Counsel
1, rue Notre-Dame Est
Suite 4.100
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703 Ext: 52159
Email: melanie.hebert@dpcp.gouv.qc.ca
Agent
Palais de justice
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60412
FAX: (819) 772-3986
Email: appelgatineau@dpcp.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 – Fraud – Sentencing – Considerations – Restitution order made at time of sentencing under s. 738 of Criminal Code – Offender’s ability to pay – Whether Court of Appeal erred in concluding that judge considering application for restitution under s. 738 Cr.C. must give priority to victim’s claim in fraud case notwithstanding offender’s inability to pay.
Daniel Lavallée pleaded guilty to seven counts of fraud. The victims, some of whom were seniors, had given him amounts ranging from $5,000 to $127,000. Mr. Lavallée was sentenced to 33 months of imprisonment. The Court of Appeal allowed the appeal. As part of the sentence, the Court of Appeal ordered Mr. Lavallée to repay the stolen money to his victims.
Lower court rulings
Court of Quebec
500-01-084924-130
Applicant sentenced to 33 months of imprisonment
Court of Appeal of Quebec (Montréal)
2016 QCCA 1655, 500-10-005905-151
Appeal allowed; Daniel Lavallée ordered to pay amounts ranging from $5,000 to $127,000
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