Case information
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40464
Dellan McMorris 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) |
|---|---|---|
| 2023-03-23 | Close file on Leave | |
| 2023-03-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-16 | Judgment on leave sent to the parties | |
| 2023-03-16 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal is dismissed. In any event, had the motion for an extension of time been granted, the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C63072, 2020 ONCA 844, dated December 29, 2020, would have been dismissed. Dismissed |
|
| 2023-02-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-02-06 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-12-20 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), Completed on: 2022-12-22, (Printed version filed on 2022-12-22) | His Majesty the King |
| 2022-12-20 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-12-22) | His Majesty the King |
| 2022-12-20 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-12-22, (Printed version filed on 2022-12-22) | His Majesty the King |
| 2022-11-30 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED: 2022-11-30 | |
| 2022-11-21 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-11-21) | Dellan McMorris |
| 2022-11-21 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-11-21, (Printed version filed on 2022-11-21) | Dellan McMorris |
| 2022-11-21 |
Application for leave to appeal, (Book Form), Missing: - Signed TC judgment (rec'd 2022-11-30), Completed on: 2022-11-21, (Printed version filed on 2022-11-21) |
Dellan McMorris |
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 |
|---|---|---|
| McMorris, Dellan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: McMorris, Dellan
Counsel
Jeffery Couse
100-102 Atlantic Avenue
Toronto, Ontario
M6P 1X9
Telephone: (416) 613-0416
FAX: (416) 613-8746
Email: jlockyer@lzzdefence.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) 919-8814
FAX: (416) 326-4656
Email: karen.papadopoulos@ontario.ca
Summary
Keywords
Criminal law — Evidence — Hearsay — Admissibility — Whether the Seaboyer principles for the admission of defence evidence should govern when the residual discretion to relax a strict rule of evidence in an accused’s favour is exercised?
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.
Mr. Coombs was shot to death by three assailants. Witnesses saw one shooter drop a black hoodie as he fled. Evidence places Mr. McMorris near the scene of the shooting and his DNA was the only DNA found on the hoodie. Mr. Bent pleaded guilty to being one of the shooters but refused to testify at Mr. McMorris’s trial. A witness told police that Mr. Bent told him that he was the shooter who discarded the hoodie, however, in an intercepted jail cell conversation with the same witness, Mr. Bent implicated Mr. McMorris as a shooter. Trafford J. denied motions to admit the witness’s hearsay evidence. A jury convicted Mr. McMorris of first degree murder. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
2016 CarswellOnt 10503, 2016 ONSC 4340
Evidence ruled inadmissible
Court of Appeal for Ontario
2020 ONCA 844, C63072
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