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.
23059
Leonard Farinacci v. Her Majesty the Queen
(Ontario) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1997-09-11 | Appeal closed | |
| 1994-10-20 | Response to miscellaneous motion, (to an order releasing the contents of box H-16) | Leonard Farinacci |
| 1994-10-20 | Order on miscellaneous motion, re: release of box H-16 (Sgt. Gary Carter picked it up on Oct. 24/94) | |
| 1994-10-20 |
Decision on miscellaneous motion, Ia, re: exhibit "H-16". It is ordered that: 1. The contents of box H-16, being held in the Registry of this Court, be delivered into the custody of Sgt. Gary Carter of the Metropolitan Toronto Police Force; 2. That Sgt. Carter return the said box to the secure custody of the Sheriff of the Municipality of Metropolitan Toronto at 361 University Avenue in Toronto. Granted, no order as to costs |
|
| 1994-10-20 | Hearing of miscellaneous motion, 1994-10-20, Ia | |
| 1994-10-20 | Submission of miscellaneous motion, 1994-10-20, Ia | |
| 1994-10-14 | Affidavit, of Scott Kennedy Fenton (THE SEALED BOX H-16 TO BE DELIVERED INTO THE CUSTODY OF SGT. GARY CARTER OF THE METROPOPLITAN TORONTO POLICE FORCE) - joint with 23061-23026), with service | Her Majesty the Queen |
| 1994-10-14 | Notice of miscellaneous motion, (THE SEALED BOX H-16 BE DELIVERED INTO THE CUSTODY OF SGT. GARY CARTER OF THE METROPOLITAN TORONTO POLICE FORCE) - joint with 23061-23026), with service | Her Majesty the Queen |
| 1994-07-14 | Correspondence (sent by the Court) to, sent to Court of Appeal for ON (Toronto, ON) enclosing their records (7 boxes) including files 23026 and 23061 | |
| 1994-05-06 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario | |
| 1994-05-06 | Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON) | |
| 1994-05-06 | Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey (Ottawa, ON) | |
| 1994-03-17 |
Judgment on the appeal rendered, CJ L'HD So G Co McL Ma, The appeals are allowed, the convictions are quashed and a new trial is ordered, L'Heureux-Dubé Gonthier and McLachlin JJ. dissenting. (heard with 23026 and 23061) Allowed, no order as to costs |
|
| 1994-03-17 | Notice of deposit of judgment sent to all parties, A.G. of Canada (Ottawa, ON) | |
| 1994-03-17 | Notice of deposit of judgment sent to all parties, Shore, Davis & Perkins-McVey (Ottawa, ON) | |
| 1994-01-10 | Correspondence (sent by the Court) to, from the Registrar of the C/A of Ontario, John H. Kromkamp with the order of Mr. Justice Carthy requiring that the appellant surrender a day before the SCC renders its judgment | |
| 1993-11-18 | General proceeding, transcripts received and distributed to the judges (138 pages - joint with 23026-23061) | |
| 1993-11-10 | General proceeding, to note 8 copies of EXCERPTS FROM CASE ON APPEAL.. given in Court | Her Majesty the Queen |
| 1993-11-10 |
Hearing of the appeal, 1993-11-10, CJ L'HD So G Co McL Ma Decision reserved |
|
| 1993-11-09 | Correspondence (sent by the Court) to, of Robert Frater to advise the Court that Mr. Robert Hubbard and Mr. Scott Fenton will appear for the respondent and will take 2 hours | |
| 1993-11-01 | Book of authorities, 10 copies of vol. 1 to 3 (JOINT WITH 23061-23026), with service | Her Majesty the Queen |
| 1993-11-01 | Trial court exhibits, (Box H-16) to be kept under seal in vault pursuant to the order of Iacobucci J. dated Oct.21/93 | |
| 1993-10-22 | Order on miscellaneous motion, compelling the Sheriff of the Municipality of Metropolitan Toronto to produce certain materials to be delivered and kept under seal by the Court; (joint with 23061 & 23026) | |
| 1993-10-21 |
Decision on miscellaneous motion, Ia, Motion for an order regarding the following: 1) the Sheriff of the Municipality of Metropolitan Toronto at 361 University Ave. Toronto, deliver into the custody of Sgt. Gary Carter of the Metropolitan Toronto Police Force the nine packages containing materials relevant to the authorized interception of the private communications of the Respondents, all of which are being kept in the Sheriff's Office in a box labelled "H-16"; 2) that Sgt. Carter deliver the aforesaid packages to the office of the Clerk of Process of this Honourable Court; 3) that the Clerk of Process retain the packages in a secure place, under seal and inaccessible to members of the public unless and until the packages are ordered to be produced before this Court. (joint with 23061 & 23026) Granted, no order as to costs |
|
| 1993-10-21 | Hearing of miscellaneous motion, 1993-10-21, Ia | |
| 1993-10-21 | Submission of miscellaneous motion, 1993-10-21, Ia | |
| 1993-10-20 | Response to miscellaneous motion, compelling the Sheriff to produce certain materials to be delivered and kept under seal by the Court | Leonard Farinacci |
| 1993-10-19 | Affidavit, compelling the Sheriff of the Municipality of Metropolitan Toronto to produce certain materials to be delivered and kept under seal by the Court; Scott K. Fenton (joint with 23061- 23026) | Her Majesty the Queen |
| 1993-10-19 | Notice of miscellaneous motion, compelling the sheriff of the Municipality of Metropolitan Toronto to produce certain materials to be delivered and kept under seal by the Court (joint with 23061-23026) | Her Majesty the Queen |
| 1993-09-24 |
Appeal hearing scheduled, 1993-11-10 Decision reserved |
|
| 1993-09-15 | Appeal court record, 7 boxes (joint with Trial record) (joint with 23026-23061) | |
| 1993-09-15 | Trial court record, 7 boxes (joint with C/A record) (joint with 23026- 23061) | |
| 1993-08-06 | Respondent's factum, 25 copies (joint with 23026-23061), with service | Her Majesty the Queen |
| 1993-08-05 | Appeal perfected for hearing, Session beginning on 1993-10-04 | |
| 1993-07-16 | Supplemental document, CASE ON APPEAL 24 copies (joint with 23026-23061) | Leonard Farinacci |
| 1993-07-12 | Close file on Leave | |
| 1993-07-12 | Close file on Leave | |
| 1993-06-10 | Appellant's factum, 26 copies (see order of 1993/03/24) (joint with 23061), with service | Leonard Farinacci |
| 1993-05-21 | Certified casebook, vol. I to XVII (joint with 23026-23061) | Leonard Farinacci |
| 1993-05-07 | Case on appeal, 23 copies of vol. I to XVII (joint with 23026 & 23061) | Leonard Farinacci |
| 1993-04-30 | Order on motion to extend time, to serve and file the case on appeal., with service | |
| 1993-04-30 | Order on motion to dispense with printing | |
| 1993-04-27 |
Decision on motion to extend time, to serve and file the Case on Appeal to May 10, 1993, DeRg Granted, no order as to costs |
|
| 1993-04-27 | Hearing of motion to extend time, 1993-04-27, to serve and file the Case on Appeal to May 10, 1993, DeRg | |
| 1993-04-27 | Submission of motion to extend time, 1993-04-27, to serve and file the Case on Appeal to May 10, 1993, DeRg | |
| 1993-04-27 |
Decision on motion to dispense with printing, or copying of evidence forming the Case on Appeal pursuant to Rule 35(1) of the Supreme Court of Canada, and to file an agreed statement of facts to form part of the case on appeal pursuant to rule 33(14)., DeRg Granted, no order as to costs |
|
| 1993-04-27 | Hearing of motion to dispense with printing, 1993-04-27, or copying of evidence forming the Case on Appeal pursuant to Rule 35(1) of the Supreme Court of Canada, and to file an agreed statement of facts to form part of the case on appeal pursuant to rule 33(14)., DeRg | |
| 1993-04-27 | Submission of motion to dispense with printing, 1993-04-27, or copying of evidence forming the Case on Appeal pursuant to Rule 35(1) of the Supreme Court of Canada, and to file an agreed statement of facts to form part of the case on appeal pursuant to rule 33(14)., DeRg | |
| 1993-04-26 | Response to motion to dispense with printing, of certain evidence | Her Majesty the Queen |
| 1993-04-26 | Response to motion to extend time, to file the Case on Appeal to May 10/93 | Her Majesty the Queen |
| 1993-04-21 | Affidavit, to file the Case on appeal to May 10/93; James Lockyer, with service | Leonard Farinacci |
| 1993-04-21 | Motion to extend time, to file the Case on appeal to May 10/93, with service | Leonard Farinacci |
| 1993-04-21 | Affidavit, of certain evidence forming part of the Case; James Lockyer, with service | Leonard Farinacci |
| 1993-04-21 | Motion to dispense with printing, of certain evidence forming part of the case, with service | Leonard Farinacci |
| 1993-04-08 | Correspondence (sent by the Court) to, sent to Ruby & Edwardh (Toronto, ON) re: Notice of Appeal has been filed and Rule 32 sent | |
| 1993-04-08 | Correspondence (sent by the Court) to, sent to Attorney General of Canada (Toronto, ON) re: Notice of Appeal has been filed and Rule 32 sent | |
| 1993-03-24 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service | |
| 1993-03-24 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, for details see joint order in 23026., CJ Granted, no order as to costs |
|
| 1993-03-24 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-03-24, for details see joint order in 23026., CJ | |
| 1993-03-24 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-03-24, for details see joint order in 23026., CJ | |
| 1993-03-18 |
Judgment of the Court on the application for leave to appeal, CJ McL Ma, The application for leave to appeal is dismissed Dismissed, no order as to costs |
|
| 1993-03-18 | Hearing of the application for leave to appeal, 1993-03-18, CJ McL Ma | |
| 1993-03-18 | All materials on application for leave submitted to the Judges, 1993-03-18, CJ McL Ma | |
| 1993-03-18 | Notice of deposit of judgment issued to all parties, The Attorney General of Canada (Ottawa, ON) | |
| 1993-03-18 | Notice of deposit of judgment issued to all parties, Shore, Davis & Perkins-McVey (Ottawa, ON) | |
| 1993-01-28 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (distributed to Justices CJ, So, Co, McL, I, on Jan 27, 93), with service | Leonard Farinacci |
| 1993-01-27 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause | Her Majesty the Queen |
| 1993-01-21 | Affidavit, David E. Harris, with service | Leonard Farinacci |
| 1993-01-18 | All materials on application for leave submitted to the Judges, CJ McL Maj | |
| 1993-01-12 | Correspondence (sent by the Court) to, sent to Joseph DeFillipis (Office of the Attorney General) Re: You donot have to show cause in this proceeding. | |
| 1993-01-07 | Correspondence (sent by the Court) to, sent to Ruby & Edwardh (Toronto,ON) Re: You are to appear before this Court to show cause on Mon, Feb 01, 93, as to why matter should not be quashed. | |
| 1993-01-07 | Correspondence (sent by the Court) to, sent to Mr. Joseph DeFillipis (Office of the Attorney General of Canada) Re: you are to appear before this Court to show cause on Mon, Feb 01, 93 as to matter should not be quashed. | |
| 1992-12-24 | Applicant's reply to respondent's argument, 5 copies, with service | Leonard Farinacci |
| 1992-12-18 | Respondent's response on the application for leave to appeal, 5 copies (joint with 23026-23061), with service | Her Majesty the Queen |
| 1992-12-17 | Application for leave to appeal, as C/A formal judgment filed, Completed on: 1992-12-17 | |
| 1992-12-17 | General proceeding, to note 5 copies of C/A formal judgment | Leonard Farinacci |
| 1992-12-04 | Correspondence received from, sent to Shore, Davis Perkins-McVey Re: acknowledge receipt of application for leave to appeal and $30 filing fee. Regret to advise that material does not comply with Court's requirements as Formal Order of C/A missing. Leave will not be referred until m | |
| 1992-12-01 | Application for leave to appeal, (joint with 23026-23061) 5 copies of vol. I & II (formal C/A judgment missing) (see motion of 1992/11/17), with service, Incomplete | Leonard Farinacci |
| 1992-11-20 | Order on motion to extend the time to file and/or serve the leave application, With service | |
| 1992-11-17 |
Decision on motion to extend time to file and /or serve the leave application, L'HD, To December 1, 1992 together with an order allowing the applicants' to file a joint leave application with separate arguments no longer than 20 pages, if they so desire and the respondent shall file a response, but allowing for separate for separate arguments pertaining to each individual applicant and the applicants' shall be entitled to file individual reply's each no longer than 5 pages. Granted, no order as to costs |
|
| 1992-11-17 | Hearing of motion to extend time to file and/ or serve the leave application, 1992-11-17, L'HD | |
| 1992-11-17 | Submission of motion to extend time to file and/ or serve the leave application, 1992-11-17, L'HD | |
| 1992-11-13 | Response to the motion to extend the time to file and / or serve the leave application, to Dec. 1/92 | Her Majesty the Queen |
| 1992-11-13 | Affidavit, to Dec. 1/92; Paul Burstein | Leonard Farinacci |
| 1992-11-13 | Motion to extend the time to file and or serve the application for leave to appeal, to Dec. 1/92 | Leonard Farinacci |
| 1992-06-22 | Correspondence (sent by the Court) to, sent to Burstein & Paine (Toronto,ON) re: acknowledge receipt of letter dated June 16, 1992 together with the attached letter of Mr. Farinacci dated June 13, 1992 - from Claude E. Alain | |
| 1992-06-19 | Correspondence (sent by the Court) to, from Paul Burstein; re: the appellant asked me to represent him for a leave application on another ground. the appellant is seeking legal aid | |
| 1992-06-18 | Correspondence received from, enclosing receipt for $30 filing fee sent to Leonard Farinacci c/o Joyceville Pen. (Kingston,ON) | |
| 1992-06-17 | $30.00 filing fee, receipt # 25579, with service | Leonard Farinacci |
| 1992-06-12 | Notice of appeal, 2 copies, with service | Leonard Farinacci |
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 |
|---|---|---|
| Farinacci, Leonard | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Farinacci, Leonard
Counsel
1130 - 20 Dundas St West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6446
FAX: (416) 591-7333
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Her Majesty the Queen
Counsel
Exchange Tower - P.O. Box 36
3400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-9042
FAX: (416) 973-8253
Email: robert.hubbard@jus.gov.on.ca
Agent
Department of Justice
284 Wellington Street, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.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.
None.
Lower court rulings
District Court of Ontario
x
application to exclude evidence dismissed
Court of Appeal for Ontario
x
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