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.
40261
Elaine Biddersingh v. His Majesty the King
(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) |
|---|---|---|
| 2023-01-13 | Close file on Leave | |
| 2022-10-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-10-27 | Judgment on leave sent to the parties | |
| 2022-10-27 |
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 for Ontario, Number C63064, 2022 ONCA 6, dated January 10, 2022, is dismissed. Dismissed |
|
| 2022-10-27 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application Granted |
|
| 2022-09-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-09-20 | Submission of motion to extend time to file and/ or serve the leave application | |
| 2022-08-22 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-08-25, (Printed version filed on 2022-08-22) | Elaine Biddersingh |
| 2022-08-12 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-08-15) | His Majesty the King |
| 2022-08-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-08-25, (Printed version filed on 2022-08-15) | His Majesty the King |
| 2022-06-30 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2022-06-30 | |
| 2022-06-24 | Certificate (on limitations to public access), 23A | Elaine Biddersingh |
| 2022-06-24 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-06-30, (Printed version filed on 2022-06-24) | Elaine Biddersingh |
| 2022-06-24 |
Application for leave to appeal, (Book Form), (2 volumes), Required: - TC orders - not available (confirmed 2022-07-11) - CA Order (rec'd 2022-07-11), Completed on: 2022-07-11, (Printed version filed on 2022-06-24) |
Elaine Biddersingh |
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 |
|---|---|---|
| Biddersingh, Elaine | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Biddersingh, Elaine
Counsel
439 University Ave. Suite1200
Toronto, Ontario
M5G 1Y8
Telephone: (416) 309-1970
FAX: (416) 340-1672
Email: Marianne.salih@roylelaw.ca
Agent
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Party: His Majesty the King
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M5X 1K6
Telephone: (416) 326-4555
FAX: (416) 326-4656
Email: alexander.alvaro@ontario.ca
Summary
Keywords
Charter of Rights and Freedoms — Right to a fair hearing — Criminal law — Trial without jury — What is the correct legal test for finding that the Attorney General’s refusal to consent to a judge-alone trial under s. 473(1) of the Criminal Code compromises the right to a fair trial before an impartial tribunal pursuant to s. 11(d) of the Charter?
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.
Ms. Biddersingh was charged with first degree murder and other offences in relation to the death of her step-daughter. The Attorney General refused to consent to a trial without a jury. Ms. Biddersingh applied for an order dispensing with the requirement for the Attorney General’s consent. The application was denied and a jury was empanelled. Ms. Biddersingh was convicted of second degree murder. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
2016 ONSC 2396
Conviction by jury for second degree murder
Court of Appeal for Ontario
2022 ONCA 6, C63064
Appeal 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