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Case information

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30341

Carlo Montemurro v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)

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)
2004-11-17 Close file on Leave
2004-10-01 Judgment on leave sent to the parties
2004-09-30 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C39608, C39609 and C39610 dated March 18, 2004, is dismissed.
Dismissed
2004-08-09 All materials on application for leave submitted to the Judges, Ba LeB De
2004-06-16 Order on motion to extend the time to file and/or serve the leave application
2004-06-16 Decision on motion to extend time to file and /or serve the leave application, to May 19/04, LeB
Granted
2004-06-16 Submission of motion to extend time to file and/ or serve the leave application, LeB
2004-06-16 Letter acknowledging receipt of a complete application for leave to appeal
2004-06-14 Respondent's response on the application for leave to appeal, Completed on: 2004-06-14 Her Majesty the Queen
2004-05-19 Correspondence received from, L. DiGikovanni dated May 18, 2004 and addressed to Shore, Davis (fax copy) re: Shore, Davis will act for Ottawa agent Carlo Montemurro
2004-05-19 Response to the motion to extend the time to file and / or serve the leave application, Completed on: 2004-05-19 Her Majesty the Queen
2004-05-19 Motion to extend the time to file and or serve the application for leave to appeal, to May 19, 2004 (1 copy) - filed separately, Completed on: 2004-05-19 Carlo Montemurro
2004-05-19 Application for leave to appeal, Completed on: 2004-06-16 Carlo Montemurro

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
Montemurro, Carlo Applicant Active

v.

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

Counsel

Party: Montemurro, Carlo

Counsel
Brian H. Greenspan
Peter W. S. Copeland
Greenspan, Humphrey, Lavine
15 Bedford Road
Toronto, Ontario
M5R 2J7
Telephone: (416) 868-1755
FAX: (416) 868-1990
Email: bhg@15bedford.com
Agent
Leonard M. Shore, Q.C.
Shore, Davis
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Her Majesty the Queen

Counsel
Richard Kramer
Nicholas E. Devlin
Attorney General of Canada
3400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6330
FAX: (416) 952-0298
Email: richard.kramer@justice.gc.ca
Agent
Robert J. Frater
Attorney General of Canada
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca

Summary

Keywords

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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

January 27, 2003
Ontario Superior Court of Justice

C39609

Applicant's application to exclude evidence pursuant to ss. 8 and 24(2) of the Charter, allowed

March 18, 2004
Court of Appeal for Ontario

C39608 - C39609 and C39610

Appeal allowed; acquittals set aside and new trial ordered

Memorandums of argument on application for leave to appeal

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 filing 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

Factums on appeal

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

Webcasts

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Date modified: 2025-02-27