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Case information

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28628

Her Majesty the Queen v. Antonio Portante

(Ontario) (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)
2002-08-09 Appeal closed
2002-08-07 Formal judgment sent to the registrar of the court of appeal and all parties
2002-06-25 Copy of formal judgment being prepared
2002-06-12 Notice of deposit of judgment sent to all parties
2002-06-11 Judgment on the appeal rendered, CJ Ia Ma Ba Bi Arb LeB, This is an appeal as of right. We are all of the view to dismiss the appeal, substantially for the reasons of Charron JA in the Court of Appeal.
Dismissed, no order as to costs
2002-06-11 Hearing of the appeal, 2002-06-11, (V042), CJ Ia Ma Ba Bi Arb LeB
Judgment rendered
2002-06-11 Acknowledgement and consent for video taping of proceedings
2002-06-11 Appellant's condensed book Her Majesty the Queen
2002-06-07 Decision on motion to extend time, to serve and file the appellant's book of authorities to June 5/02, Reg
Granted
2002-06-06 Submission of motion to extend time, Reg
2002-06-05 Response to motion to extend time, (included in the motion), Completed on: 2002-06-05 Antonio Portante
2002-06-05 Motion to extend time, to file the authorities to June 5, 2002 - 3 copies, Completed on: 2002-06-05 Her Majesty the Queen
2002-06-05 Appellant's book of authorities, Completed on: 2002-06-05 Her Majesty the Queen
2002-05-21 Notice of appearance, of Scott C. Hutchison at the hearing of the appeal Her Majesty the Queen
2002-03-18 Notice of hearing, Session beginning on 2002-04-15 Her Majesty the Queen
2002-03-08 Appeal hearing scheduled, 2002-06-11
Judgment rendered
2002-02-12 Respondent's book of authorities, Completed on: 2002-02-12 Antonio Portante
2002-02-12 Respondent's factum, (see Order dated Jan. 4/02), Completed on: 2002-02-12 Antonio Portante
2002-01-04 Order on motion to appoint counsel, (by the Judge)
2002-01-04 Decision on motion to extend time, Ma, (see decision on motion to appoint counsel)
Granted, no order as to costs
2002-01-04 Decision on motion to appoint counsel, Ma,
1. Mr. Philip Campbell, Barrister and Solicitor of the City of Toronto, in the province of Ontario, be assigned to act as counsel on behalf of the respondent Antonio Portante with regard to all proceedings to be taken in this Court;

2. The fees and disbursments of counsel, shall be paid by the appellant, the Attorney General of Ontario, at the same rates as the Ontario Legal Aid tariff;

3. The delay to the serve and file the respondent's factum, record and book of authorities is extended to February 12, 2002.
Granted, no order as to costs
2002-01-04 Submission of motion to extend time, Ma
2002-01-04 Submission of motion to appoint counsel, Ma
2002-01-03 Response to motion to extend time, (Letter Form), letter dated Jan. 2/02 from Robert E. Huston, Q.C. to consent to extension of time and to appoint counsel, Completed on: 2002-01-03 Her Majesty the Queen
2002-01-03 Response to motion to appoint counsel, (Letter Form), letter dated Jan. 2/02 from Robert E. Huston, Q.C. to consent to appointment of counsel and to extension of time
, Completed on: 2002-01-03
Her Majesty the Queen
2002-01-02 Appeal perfected for hearing, Session beginning on 2002-04-15
2001-12-20 Motion to appoint counsel, Mr. Philip Campbell (joint with motion to extend the time), Completed on: 2001-12-20 Antonio Portante
2001-12-20 Motion to extend time, to file the factum, record and authorities to Feb. 12, 2002 (joint with motion to appoint counsel), Completed on: 2001-12-20 Antonio Portante
2001-11-29 Correspondence received from, P. Campbell dated Nov. 29, 2001 (fax copy) re: further to his letter dated Nov. 28, 2001 Antonio Portante
2001-11-28 Correspondence received from, P. Campbell dated Nov. 28, 2001 (fax copy) re: has not been retained to act for Mr. Portante yet Antonio Portante
2001-11-27 Order on motion to extend time
2001-11-16 Decision on motion to extend time, Reg, to serve and file the appellant's factum and record to Nov. 5, 2001.
Granted, no order as to costs
2001-11-16 Submission of motion to extend time, Reg
2001-11-05 Appellant's record, vol. 1 to 4, Completed on: 2001-11-14 Her Majesty the Queen
2001-11-05 Appellant's factum, (proof of service received on Nov. 9, 2001, serve to A. Portante himself), Completed on: 2001-11-14 Her Majesty the Queen
2001-11-05 Motion to extend time, to file the factum and record to Nov. 5, 2001 (1 copy), Completed on: 2001-11-05 Her Majesty the Queen
2001-06-07 Letter acknowledging receipt of notice of appeal
2001-06-01 Notice of appeal, (reasons included), Completed on: 2001-06-06 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

Main parties - Appellants
Name Role Status
Her Majesty the Queen Appellant Active

v.

Main parties - Respondents
Name Role Status
Portante, Antonio Respondent Active

Counsel

Party: Her Majesty the Queen

Counsel
Name
Scott C. Hutchison
Contact information
Attorney General for Ontario
720 Bay St., 10th Fl.
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4585
FAX: (416) 326-4656
Email: scott.hutchison@jus.gov.on.ca
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Portante, Antonio

Counsel
Name
Philip Campbell
Contact information
Sack Goldblatt Mitchell
20 Dundas Street West
Suite1130, P.O. Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6973
FAX: (416) 591-7333
Agent
Name
Mark Ertel
Contact information
Bayne, Sellar, Boxall
500 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-0535
FAX: (613) 236-6958

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 13, 1998
Ontario Court of Justice (General Division)


Conviction: robbery

May 8, 2001
Court of Appeal for Ontario

C29531

Appeal allowed and a new trial ordered

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