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.
29965
Her Majesty the Queen v. Lynn Fice
(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) |
|---|---|---|
| 2006-03-20 | Appeal closed | |
| 2005-05-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-05-20 |
Judgment on the appeal rendered, CJ Ma Ba Bi De F Abe, The appeal from the judgment of the Court of Appeal for Ontario, Number C38572, dated June 30, 2003, heard on January 13, 2005 is allowed and the order imposing a sentence of incarceration is stayed, Deschamps and Fish JJ. dissenting. Allowed |
|
| 2005-01-31 | Transcript received, 41 pages | |
| 2005-01-13 | Judgment reserved OR rendered with reasons to follow | |
| 2005-01-13 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2005-01-13 |
Hearing of the appeal, 2005-01-13, CJ Ma Ba Bi De F Abe Judgment reserved |
|
| 2004-12-24 | Notice of appearance, D. Edwin Boeve will be present at hearing. | Lynn Fice |
| 2004-11-25 | Notice of hearing sent to parties | |
| 2004-11-25 |
Appeal hearing scheduled, 2005-01-13, (previously Dec. 9/04) Judgment reserved |
|
| 2004-08-26 | Order on motion to extend time, (BY DESCHAMPS J.) | |
| 2004-08-26 |
Decision on motion to extend time, De, UPON APPLICATION by the respondent for an order extending the time to serve and file its factum, record and book of authorities to August 10, 2004, and for an order permitting the respondent to present oral argument at the hearing of this appeal. AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2004-08-26 | Submission of motion to extend time, De | |
| 2004-08-12 | Response to motion to extend time, (by e-mail), Completed on: 2004-08-12 | Her Majesty the Queen |
| 2004-08-11 | E-filing e-mail confirmation, Respondent's Authorities (second confirmation 08/12/04 re: complete) | |
| 2004-08-11 | E-filing e-mail confirmation, Respondent's Record (second confirmation 08/12/04 re: complete) | |
| 2004-08-11 | E-filing e-mail confirmation, Respondent's Factum (second confirmation 08/12/04 re: complete) | |
| 2004-08-11 | E-filing e-mail confirmation, Respondent's Motion to Extend Time | |
| 2004-08-10 | Respondent's book of authorities, (cover page requested and rec'd Aug. 11/04), Completed on: 2004-08-12 | Lynn Fice |
| 2004-08-10 | Respondent's record, (cover page requested and received Aug. 11/04), Completed on: 2004-08-11 | Lynn Fice |
| 2004-08-10 | Respondent's factum, (cover page requested and received Aug. 11/04), Completed on: 2004-08-11 | Lynn Fice |
| 2004-08-10 | Motion to extend time, to serve and file the factum, record and book of authorities and to present oral argument, Completed on: 2004-08-10 | Lynn Fice |
| 2004-08-03 | Appeal perfected for hearing | |
| 2004-06-07 | Appellant's book of authorities, Completed on: 2004-06-07 | Her Majesty the Queen |
| 2004-06-07 | Appellant's record, Completed on: 2004-06-07 | Her Majesty the Queen |
| 2004-06-07 | Appellant's factum, Completed on: 2004-06-07 | Her Majesty the Queen |
| 2004-06-01 | Correspondence received from, Lang Michener to act as Ottawa agents for the respondent | Lynn Fice |
| 2004-03-15 | Notice of appeal, Completed on: 2004-03-15 | Her Majesty the Queen |
| 2004-03-10 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-02-20 | Judgment on leave sent to the parties | |
| 2004-02-19 |
Judgment of the Court on the application for leave to appeal, The motion to appoint counsel is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C38572, dated June 30, 2003, is granted. Granted |
|
| 2003-12-22 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2003-11-17 | Respondent's response on the application for leave to appeal, Letter form (fax): Does not intend to file a response, Completed on: 2003-11-17 | Lynn Fice |
| 2003-10-14 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-09-25 | Application for leave to appeal, Completed on: 2003-10-14 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Fice, Lynn | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
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
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Fice, Lynn
Counsel
364 Water Street
Peterborough, Ontario
K9J 7Y4
Telephone: (705) 742-0440
FAX: (705) 742-0889
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
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.
The Respondent pleaded guilty to aggravated assault for having hit her mother in the head seven times with a baseball bat and having tried to strangle her with a phone cord. The Respondent also entered a guilty plea for fraud over $5000.00, personation, forgery, and breach of recognizance. Sentencing was adjourned from time to time pending completion of a psychiatric assessment.
Defence counsel conceded that a penitentiary sentence was otherwise warranted but urged a conditional sentence be imposed solely on the basis of the time spent by the Respondent in pre-sentence custody. The Crown raised the issue of whether pre-sentence custody may be applied so as to reduce the range of sentence available to a term within the ambit of s. 742.1 of the Criminal Code. The trial judge imposed a conditional sentence of one year in addition to 16 months pre-sentence custody. The Appellant appealed the sentence to the Court of Appeal. The Court of Appeal granted leave, but dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
4311-998-02-00256
Respondent pleaded guilty to aggravated assault, fraud over $5,000, personation, forgery and breach of recognizance; conditional sentence of one year impoised in addition to the 16 months pre-sentence custody
Court of Appeal for Ontario
C38572
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