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.
33640
Samuel Dineley v. Her Majesty the Queen
(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) |
|---|---|---|
| 2012-11-07 | Appeal closed | |
| 2012-11-05 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-11-05 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-11-02 |
Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro, The appeal from the judgment of the Court of Appeal for Ontario, Number C50525, 2009 ONCA 814, dated November 18, 2009, heard on October 13, 2011, is allowed and the acquittal entered by the trial judge is restored. McLachlin C.J. and Rothstein and Cromwell JJ. are dissenting. Allowed |
|
| 2011-10-18 | Transcript received, (70 pages) | |
| 2011-10-13 | Judgment reserved OR rendered with reasons to follow | |
| 2011-10-13 | Acknowledgement and consent for video taping of proceedings, All parties consent | |
| 2011-10-13 |
Hearing of the appeal, 2011-10-13, CJ LeB De F Abe Ro Cro Judgment reserved |
|
| 2011-10-13 | Appellant's condensed book, rec'd in Court | Samuel Dineley |
| 2011-10-13 | Respondent's condensed book, rec'd in Court | Her Majesty the Queen |
| 2011-10-04 | Correspondence received from, P. Landry by fax, re.: request for 3 reserved seats at the hearing | Attorney General of Quebec |
| 2011-10-04 | Notice of appearance, Michel Déom, Jean-Vincent Lacroix, Marie-Ève Mayer and Patricia Blair will be appearing | Attorney General of Quebec |
| 2011-09-29 | Notice of appearance, Paul Burstein and Thomas Wiley will be present at the hearing. | Samuel Dineley |
| 2011-09-15 | Notice of appearance, Philip Perlmutter and James Palangio will be present at the hearing. | Her Majesty the Queen |
| 2011-09-13 | Notice of appearance, Jeffrey G. Johnson will be appearing as counsel for the Intervener Attorney General of Canada | Attorney General of Canada |
| 2011-09-12 |
Order by, F, FURTHER TO THE ORDER dated May 20, 2011, granting leave to intervene to the Attorney General of Canada and the Attorney General of Quebec; IT IS HEREBY FURTHER ORDERED THAT the said interveners are granted permission to present oral argument not exceeding ten (10) minutes each at the hearing of this appeal. Granted |
|
| 2011-08-29 | Notice of hearing sent to parties | |
| 2011-07-22 |
Appeal hearing scheduled, 2011-10-13, (start time 9:00am) Judgment reserved |
|
| 2011-07-15 | Intervener's book of authorities, Completed on: 2011-07-15 | Attorney General of Canada |
| 2011-07-15 | Intervener's factum, CD to come (rec'd July 21/11), Completed on: 2011-07-19 | Attorney General of Canada |
| 2011-07-15 | Intervener's book of authorities, Completed on: 2011-07-15 | Attorney General of Quebec |
| 2011-07-15 | Intervener's factum, Completed on: 2011-07-15 | Attorney General of Quebec |
| 2011-05-20 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2011-05-20 |
Decision on the motion for leave to intervene, F, UPON APPLICATIONS by the Attorney General of Canada and the Attorney General of Quebec for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the General of Canada and the Attorney General of Quebec are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention Granted |
|
| 2011-05-20 | Submission of motion for leave to intervene, F | |
| 2011-05-11 | Appeal perfected for hearing | |
| 2011-05-06 | Respondent's book of authorities, Completed on: 2011-05-06 | Her Majesty the Queen |
| 2011-05-06 | Respondent's factum, Completed on: 2011-05-06 | Her Majesty the Queen |
| 2011-04-08 | Motion for leave to intervene, Completed on: 2011-05-06 | Attorney General of Canada |
| 2011-04-08 | Motion for leave to intervene, Completed on: 2011-05-06 | Attorney General of Quebec |
| 2011-03-11 | Appellant's book of authorities, Completed on: 2011-03-11 | Samuel Dineley |
| 2011-03-11 | Appellant's record, Completed on: 2011-03-11 | Samuel Dineley |
| 2011-03-11 | Appellant's factum, Completed on: 2011-03-11 | Samuel Dineley |
| 2010-11-29 | Notice of appeal, Completed on: 2010-11-29 | Samuel Dineley |
| 2010-11-15 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2010-10-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-10-29 | Judgment on leave sent to the parties | |
| 2010-10-28 |
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 and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C50525, 2009 ONCA 814, dated November 18, 2009, are granted without costs. Granted, without costs |
|
| 2010-10-28 |
Decision on motion to extend time to file and /or serve the leave application Granted, without costs |
|
| 2010-06-21 | All materials on application for leave submitted to the Judges, Bi F Ro | |
| 2010-06-21 | Submission of motion to extend time to file and/ or serve the leave application, Bi F Ro | |
| 2010-06-09 | Correspondence received from, Paul Burnstein dated June 9/10 in response to Mr. Perlmutter's letter of June 7/10 | Samuel Dineley |
| 2010-06-07 | Correspondence received from, P. Perlmutter dated June 7/10 re: supplemental information to add to their response with respect to cases pending, to be submitted to the judges (by fax) | Her Majesty the Queen |
| 2010-05-18 | Applicant's reply to respondent's argument, Completed on: 2010-05-18 | Samuel Dineley |
| 2010-05-10 | Response to the motion to extend the time to file and / or serve the leave application, Included in the response, Completed on: 2010-05-10 | Her Majesty the Queen |
| 2010-05-10 | Respondent's response on the application for leave to appeal, Completed on: 2010-05-10 | Her Majesty the Queen |
| 2010-04-15 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-04-13 | Motion to extend the time to file and or serve the application for leave to appeal, included in application, Completed on: 2010-04-13 | Samuel Dineley |
| 2010-04-13 | Application for leave to appeal, Completed on: 2010-04-13 | Samuel Dineley |
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 |
|---|---|---|
| Dineley, Samuel | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
Counsel
Party: Dineley, Samuel
Counsel
J. Thomas Wiley
6 Adelaide Street East, 5th Floor
Toronto, Ontario
M5C 1H6
Telephone: (416) 204-1825
FAX: (416) 488-9802
Email: paul@127 john.com
Agent
500- 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: kdoctor@sgmlaw.com
Party: Her Majesty the Queen
Counsel
James Palangio
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-5922
FAX: (416) 326-4656
Email: Philip.perlmutter@jus.gov.on.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Quebec
Counsel
Marie-Ève Mayer
Jean-Vincent Lacroix
1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336
FAX: (514) 873-7074
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Attorney General of Canada
Counsel
2099 - 284 Wellington Street
East Memorial Building
Ottawa, Ontario
K1A 0H8
Telephone: (613) 948-3025
FAX: (613) 957-8412
Email: jeffrey.johnston@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
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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.
Legislation – Interpretation – Retrospective or prospective application of amendments – Evidence – Presumption of Identity – Accused charged with operating a motor vehicle with a blood alcohol concentration exceeding 80 mg alcohol in 100 ml blood – Amendment to Criminal Code precludes testimony with respect to accused’s alcohol consumption or rate of elimination or a calculation of blood alcohol concentration premised on those factors from being evidence of a problem with breath testing equipment or testing procedure – Whether amendment applies retrospectively to offences committed before effective date at trials commenced or continuing after that date.
After a motor vehicle accident, the applicant registered 99 and 97 mg of alcohol in 100 ml of blood in two breathalyser tests. He was charged with operating a motor vehicle while impaired and operating a motor vehicle with a blood alcohol concentration exceeding 80 mg alcohol in 100 ml blood. At his trial, he tendered a toxicology report intending to rebut the presumption of identity with evidence to the contrary. The Crown requested an adjournment so it could cross-examine the toxicologist. While the trial was adjourned, the Criminal Code was amended. The amendments introduced s. 258(1)(d.01) which precludes testimony with respect to the accused’s alcohol consumption or rate of elimination or a calculation of blood alcohol concentration premised on those factors from being evidence of a problem with the breath testing equipment or the testing procedure.
Lower court rulings
Ontario Court of Justice
Acquittal on charges of operating a motor vehicle while impaired and operating a motor vehicle with a blood alcohol concentration exceeding 80 mg in 100 ml blood
Ontario Superior Court of Justice
Summary conviction appeal dismissed
Court of Appeal for Ontario
C50525, 2009 ONCA 814
Appeal allowed and new trial ordered
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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