Case information
Consult our database for details on a Supreme Court of Canada case.
41307
Melissa Merritt 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) |
|---|---|---|
| 2026-09-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-09-14 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2026-08-20 | Reply to the motion to extend time to file and/ or serve the leave application, (Book Form), (Included in the applicant's reply to respondent's argument), Completed on: 2026-08-24 | Melissa Merritt |
| 2026-08-20 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2026-08-21, (Printed version filed on 2026-08-21) | Melissa Merritt |
| 2026-08-11 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-08-14) | His Majesty the King |
| 2026-08-11 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2026-08-11, (Printed version filed on 2026-08-14) | His Majesty the King |
| 2026-08-11 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2026-08-11, (Printed version filed on 2026-08-14) | His Majesty the King |
| 2026-06-30 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2026-06-25 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2026-06-30, (Printed version filed on 2026-06-26) | Melissa Merritt |
| 2026-06-25 | Correspondence received from, (Letter Form), Regarding 23A, (Printed version filed on 2026-06-26) | Melissa Merritt |
| 2026-06-25 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-06-26) | Melissa Merritt |
| 2026-06-25 | Application for leave to appeal, (Book Form), SECOND APPLICATION, Completed on: 2026-06-30, (Printed version filed on 2026-06-26) | Melissa Merritt |
| 2024-12-06 | Close file on Leave | |
| 2024-12-05 | Judgment on leave sent to the parties | |
| 2024-12-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-12-05 |
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 CR-16-00001459-0000, dated March 18, 2024, is quashed pursuant to s. 44 of the Supreme Court Act. Quashed |
|
| 2024-12-05 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2024-10-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-10-28 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-08-12 | Certificate (on limitations to public access), 23B, (Printed version filed on 2024-08-13) | Melissa Merritt |
| 2024-08-12 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-08-12, (Printed version filed on 2024-08-13) | Melissa Merritt |
| 2024-07-24 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2024-07-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-07-25, (Printed version filed on 2024-07-29) | His Majesty the King |
| 2024-06-03 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-05-30 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2024-06-03, (Printed version filed on 2024-06-03) | Melissa Merritt |
| 2024-05-30 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2024-06-03) | Melissa Merritt |
| 2024-05-30 |
Certificate (on limitations to public access), (Letter Form), 23A Amended version required, (Printed version filed on 2024-06-03) |
Melissa Merritt |
| 2024-05-30 | Application for leave to appeal, (Book Form), Completed on: 2024-10-29, (Printed version filed on 2024-06-03) | 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 |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Merritt, Melissa
Counsel
137 Berkeley Street
Toronto, Ontario
M5A 2X1
Telephone: (416) 583-1510
FAX: (647) 361-8199
Email: chris@sewrattan.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: His Majesty the King
Counsel
Elise Nakelsky
720 Bay Street
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: Etienne.Lacombe@ontario.ca
Summary
Keywords
Charter of Rights — Right to liberty — Double jeopardy — Criminal law — Appeals — Whether ss. 7 and 11(h) of the Charter read with Part XXI of the Criminal Code require a route of appeal from the dismissal of a directed verdict application where a jury subsequently fails to reach a verdict and a mistrial is declared — Whether the provincial Court of Appeal or the Supreme Court of Canada is the proper appellate forum to appeal a free-standing constitutional criminal law challenge decided in a Superior Court — Canadian Charter of Rights and Freedoms, ss. 7, 11(h).
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. Merritt was charged on three counts of first-degree murder as a party, aider or abettor. She was discharged on one count before trial. At a second trial of the two remaining counts, Ms. Merritt’s application for directed verdicts of acquittal on both counts was dismissed. Ms. Merritt was acquitted on one count and a mistrial was declared on the other count. In her third trial on the remaining count, Ms. Merritt filed a Charter application challenging the lack of an appeal route from the dismissal of her application for directed verdicts. The Charter application was dismissed with reasons to follow. Ms. Meritt pleaded guilty to the remaining count. After the guilty plea, reasons on the Charter motion were released.
Lower court rulings
Ontario Superior Court of Justice
CR-16-00001459-0000
Acquittal by jury on one count of murder; mistrial declared on one count
Ontario Superior Court of Justice
Charter motion dismissed
Ontario Superior Court of Justice
Plea of guilty to manslaughter entered
Reasons for dismissal of Charter motion released
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