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25292

Dana Marie Finn v. Her Majesty the Queen

(Newfoundland & Labrador) (Criminal) (As of Right)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1997-07-30 Appeal closed
1997-02-18 Copy of formal judgment being prepared, Burke-Robertson
1997-02-18 Copy of formal judgment being prepared, Tierney, Tierney, Tierney & Stauffer
1997-02-17 Formal judgment sent to the registrar of the court of appeal and all parties, Newfoundland (St-John)
1997-01-30 General proceeding, RESPONDENT'S CONDENSED BOOK OF EVIDENCE & AUTHORITIES (given in Court) Her Majesty the Queen
1997-01-30 General proceeding, CONDENSED BOOK OF EVIDENCE AND AUTHORITIES VOL. I & II (given in Court) Dana Marie Finn
1997-01-30 Judgment on the appeal rendered, So Co McL Ia Ma, (orally for the Court) This an appeal as of right. In our opinion this is not one of those clearest of cases in which an abuse of process should be found. The charges were laid after an independent investigation and decision by the authorities. It cannot therefore be said that the purpose of the prosecution was to advance the civil interest of the complainant to recover a debt. Moreover, there was no unfairness such as would amount to an abuse of process. With respect to the alleged unreasonable delay, we agree with the reasons of Marshall J.A. in the Court of Appeal that no violation of s. 11(B) of the Canadian Charter of Rights and Freedoms occured. The appeal is dismissed.
Dismissed, no order as to costs
1997-01-30 Hearing of the appeal, 1997-01-30, So Co McL Ia Ma
1997-01-27 Appeal hearing
1997-01-27 Appeal removed from the list
1996-12-19 Respondent's factum, 24 copies, with service, Completed on: 1996-12-19 Her Majesty the Queen
1996-12-10 Appeal hearing scheduled, 1997-01-30
1996-11-26 Appeal perfected for hearing, Session beginning on 1997-01-20
1996-11-13 Correspondence (sent by the Court) to, sent to Dept of Justice (St. John's, NF) enclosing copy of notice to the profession dealing with condensed books c.c. Burke-Robertson
1996-11-13 Correspondence (sent by the Court) to, sent to NF Legal Aid Comm. (St. John's, NF) enclosing a notice to the profession dealing with condensed books c.c. Tierney, Tierney, Tierney & Stauffer
1996-10-31 Certified casebook, vol. I to IX Dana Marie Finn
1996-10-31 Appellant's factum, 24 copies, with service, Completed on: 1996-10-31 Dana Marie Finn
1996-10-31 Case on appeal, 24 copies of vol. I to IX Dana Marie Finn
1996-10-18 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, - the hearing of this appeal shall be scheduled for the second week of the Winter session of the 1996-97 term, CJ
Granted, no order as to costs
1996-10-18 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-10-18, - the hearing of this appeal shall be scheduled for the second week of the Winter session of the 1996-97 term, CJ
1996-10-18 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-10-18, - the hearing of this appeal shall be scheduled for the second week of the Winter session of the 1996-97 term, CJ
1996-10-18 Decision on motion to extend time, to file the case on appeal and the appellant's factum to no later than Thursday Oct 31/96, CJ
Granted, no order as to costs
1996-10-18 Hearing of motion to extend time, 1996-10-18, to file the case on appeal and the appellant's factum to no later than Thursday Oct 31/96, CJ
1996-10-18 Submission of motion to extend time, 1996-10-18, to file the case on appeal and the appellant's factum to no later than Thursday Oct 31/96, CJ
1996-10-17 Response to motion to extend time, to file the case on appeal and the appellant's factum to Oct. 31, 1996 (Burke-Robertson) (fax copy), Completed on: 1996-10-17 Her Majesty the Queen
1996-10-11 Affidavit, of Michael Newton (2 copies), with service Dana Marie Finn
1996-10-11 $50.00 filing fee for notice of motion, receipt no. 32791 Dana Marie Finn
1996-10-11 Motion to extend time, to file the case on appeal and the appellant's factum to Oct. 31, 1996 (joint), with service, Completed on: 1996-10-11 Dana Marie Finn
1996-10-11 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (joint with extension of time to file the case on appeal and appellant's factum to Oct. 31, 1996) 2 copies, with service, Completed on: 1996-10-11 Dana Marie Finn
1996-08-23 Decision on motion to extend time to serve and/or file notice of appeal, to Apr 10/96, Co
Granted, no order as to costs
1996-08-23 Hearing of motion to extend time to serve and/or file notice of appeal, 1996-08-23, to Apr 10/96, Co
1996-08-23 Submission of motion to extend time to serve and/or file notice of appeal submitted, 1996-08-23, to Apr 10/96, Co
1996-08-21 Correspondence (sent by the Court) to, from Burke-Robertson re: does not consent to the extension nor does not intend to file any written material in this respect (fax copy)
1996-08-20 Proof of service, of the notice of appeal (SERVICE ADMITTED ON APRIL 9, 1996) - fax copy (original received on August 26, 1996)
1996-06-03 $50.00 filing a notice of appeal, receipt no. 32172 Dana Marie Finn
1996-05-09 General proceeding, 1 copy of reasons for judgment Dana Marie Finn
1996-05-09 Correspondence (sent by the Court) to, sent to Newfoundland Legal Aid Commission (St. John's, NF) re: subsection 695(2) c.c. Wayne Gorman and Burke-Robertson
1996-05-07 Correspondence (sent by the Court) to, sent to A.G. of Newfoundland (St. John's, NF) enclosing copy of Rule 32 c.c. Burke-Robertson
1996-05-07 Correspondence (sent by the Court) to, sent to Newfoundland Legal Aid Commission (St. John's, NF) enclosing copy of Rule 32
1996-04-10 Notice of appeal, $50.00,reasons for judgment and service requested, Completed on: 1996-04-10 Dana Marie Finn
1996-04-10 Affidavit, of R. Michael Newton (2 copies) Dana Marie Finn
1996-04-10 Motion to extend the time to serve and/or file the notice of appeal, to April 10/96 (2 copies)(joint with notice of appeal), Completed on: 1996-04-10 Dana Marie Finn

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

Main parties - Appellants
Name Role Status
Finn, Dana Marie Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: Finn, Dana Marie

Counsel
Name
R. Michael Newton
Contact information
Newfoundland Legal Aid Commission
2 Steers Cove
P.O. Box 399, Section "C"
St. John's, Newfoundland & Labrador
A1C 5J9
Telephone: (709) 753-7860 Ext: 343
FAX: (709) 753-6226
Agent
Name
Harold Geller
Contact information
Tierney, Tierney, Tierney & Stauffer
175 Holland Ave
Ottawa, Ontario
K1Y 0Y2
Telephone: (613) 728-8057
FAX: (613) 728-9866

Party: Her Majesty the Queen

Counsel
Name
Wayne Gorman
Contact information
Attorney General of Newfoundland
4th Floor, East Block
Confederation Bldg, P.O. Box 8700
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-2868
FAX: (709) 729-2129
Agent
Name
V. Jennifer Mackinnon
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430

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.

None.

Lower court rulings

March 1, 1996
Supreme Court of Newfoundland and Labrador - Court of Appeal

175

see file

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

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

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

Webcasts

Not available.

Date modified: 2025-05-13