The Ladner woman convicted in the 2008 death of Alexa Middelaer is taking her case to the country's highest court.

Earlier this month, Carol Berner applied for leave to appeal her conviction at the Supreme Court of Canada.

She is currently appealing her sentence and already had the appeal of her conviction dismissed by B.C. Court of Appeal.

Her lawyer was in B.C. Court of Appeal Thursday morning asking that the appeal of her two-and-a-half year jail sentence be adjourned pending the outcome of the Supreme Court decision.

The judge refused the adjournment and Berner's appeal will go ahead March 21.

Berner was convicted in July 2010 of impaired driving causing death, impaired driving causing bodily harm, dangerous driving causing death and dangerous driving causing bodily harm in the 2008 crash that killed four-year-old Alexa and seriously injured her aunt, Daphne Johanson, in East Ladner.

Alexa and Johanson were feeding a horse in the 4300-block of 64th Street when a car, driven by Berner, plowed into them.