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.
30987
Marco Trotta, et al. v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
(Sealing order) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2007-11-09 | Appeal closed | |
| 2007-11-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-11-08 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-11-08 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeals from the judgment of the Court of Appeal for Ontario, Numbers C32352 and C32570, dated October 28, 2004, heard on October 12, 2007, are allowed, the appellants’ convictions are set aside and a new trial is ordered with respect to the offences of which they were convicted. Allowed, no order as to costs |
|
| 2007-10-25 | Transcript received, (66 pages) | |
| 2007-10-12 | Judgment reserved OR rendered with reasons to follow | |
| 2007-10-12 | Appellant's condensed book, Submitted in Court (14 copies) | Marco Trotta |
| 2007-10-12 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2007-10-12 |
Hearing of the appeal, 2007-10-12, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2007-10-10 | Supplemental document, (Casebooks)(sent to Judges Oct. 11/07), Completed on: 2007-10-10 | Marco Trotta |
| 2007-09-28 | Notice of appearance, Michael Lomer and James Lockyer will be present at the hearing | Marco Trotta |
| 2007-09-27 | Notice of appearance, Lucy Cecchetto will be present at the hearing. | Her Majesty the Queen |
| 2007-08-30 | General proceeding, DVD - Exhibit 38 - Not accessible to the public | Her Majesty the Queen |
| 2007-08-30 | Respondent's book of authorities, (Vol. I & II), Completed on: 2007-08-30 | Her Majesty the Queen |
| 2007-08-30 | Supplemental document, (Respondent's Factum - Fresh Evidence), Completed on: 2007-08-30 | Her Majesty the Queen |
| 2007-08-30 | Respondent's factum, Completed on: 2007-08-30 | Her Majesty the Queen |
| 2007-08-24 | Appeal perfected for hearing | |
| 2007-08-20 | Notice of hearing sent to parties | |
| 2007-07-05 | Supplemental document, (Supplemental Authorities in support of factum on fresh evidence), Completed on: 2007-07-05 | Marco Trotta |
| 2007-07-05 | Supplemental factum, (fresh evidence), Completed on: 2007-07-05 | Marco Trotta |
| 2007-07-05 | Affidavit, affidavit in support of supplemental factum (fresh evidence) | Marco Trotta |
| 2007-07-05 | Order on motion to extend time, (BY THE CHIEF JUSTICE) | |
| 2007-07-05 |
Decision on motion to extend time, CJ, UPON APPLICATION by the appellants for an order extending the time to serve and file their factum on appeal and book of authorities to June 29, 2007, and extending the time to serve and file their fresh evidence factum to July 5, 2007; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The motion is granted. 2) The respondent is granted an extension of time to serve and file its factum, record and book of authorities to August 30, 2007. Granted |
|
| 2007-06-29 | Submission of motion to extend time, CJ | |
| 2007-06-29 | Appellant's book of authorities, (Joint), Completed on: 2007-06-29 | Marco Trotta |
| 2007-06-29 | Appellant's factum, (Joint), Completed on: 2007-06-29 | Marco Trotta |
| 2007-06-28 | Reply to motion to extend time, (Letter Form), July 5/07 proposed for new evidence (cc. to the other party), Completed on: 2007-06-28 | Marco Trotta |
| 2007-06-27 | Response to motion to extend time, (Letter Form), (the crown request a corresponding extension, should the motion be granted - cc. to other parties), Completed on: 2007-06-27 | Her Majesty the Queen |
| 2007-06-26 | Motion to extend time, (to file factum and Auth. to June 29/07 and new evidence by July 9/07) fees to follow, Completed on: 2007-06-28 | Marco Trotta |
| 2007-06-13 | Supplemental document, Joint Supplemental Record pursuant to the order of Mar. 23/07 and revised Apr. 10/07, Completed on: 2007-06-13 | Her Majesty the Queen |
| 2007-05-14 | General proceeding, Notice of Change of Agent to Heather Perkins-Mc Vey | Marco Trotta |
| 2007-04-11 | Appellant's record, (Joint - Vol. 1 to 19 and 1 general index) (signed certificate inserted in original on April 1307), Completed on: 2007-04-13 | Marco Trotta |
| 2007-04-05 | Affidavit, (original) of Michael S. Pollanen re: motion for new evidence (bookform) | Marco Trotta |
| 2007-03-30 | Correspondence received from, Lucy Cecchetto dated March 30/07 re: hearing of the appeal | Her Majesty the Queen |
| 2007-03-30 | Correspondence received from, James Lockyer dated March 30/07 re: hearing of the appeal | Anisa Trotta |
| 2007-03-29 | Correspondence received from, Michael Lomer and James Lockyer dated March 29/07 re: order of March 27/07 | Marco Trotta |
| 2007-03-27 | Order on motion to adduce new evidence, (BY THE CHIEF JUSTICE) | |
| 2007-03-27 |
Decision on motion to adduce new evidence, CJ, (REVISED APRIL 10/07) IT IS HEREBY ORDERED THAT: 1. The motion for a further extension of time is granted. The filing deadlines for appellants' and respondent's materials are as follows: The appellants shall serve and file their factum, record and book of authorities on or before June 25, 2007. The respondent shall serve and file its factum, record and book of authorities on or before August 20, 2007. 2. Any motion for leave to intervene shall be filed on or before July 23, 2007. 3. The motion to adduce fresh evidence is granted. The appellants are permitted to file as fresh evidence the documents listed in their notice of motion. 4. Any motion to adduce fresh evidence with respect to the report of the Chief Coroner for Ontario shall be brought within ten days of the release of the report. 5. Cross-examinations of Doctor Avis and Dr. Pollanen shall be completed in May 2007. Transcripts of the cross-examination shall be filed with the Registrar ten days after the cross-examinations are completed. 6. The appeal is adjourned to October 12, 2007, peremptory. Granted |
|
| 2007-03-15 | Submission of motion to extend time, to file the appellant's document to June 30/07, CJ | |
| 2007-03-15 | Submission of motion to adduce new evidence, CJ | |
| 2007-03-14 | Notice of hearing sent to parties | |
| 2007-03-13 |
Appeal hearing scheduled, 2007-10-12, (Previously June 15, 19/06, Jan. 17 and May 25/07) Judgment reserved |
|
| 2007-03-02 | Response to motion to extend time, by e-mail from Burke-Robertson dated March 2/07, Completed on: 2007-03-02 | Her Majesty the Queen |
| 2007-03-01 | Motion to adduce new evidence, (bookform), Completed on: 2007-03-01 | Marco Trotta |
| 2007-02-26 | Motion to extend time, (SECOND FURTHER EXTENSION) to file the Appellants' record, factum and authorities to June 30/07, Completed on: 2007-02-26 | Marco Trotta |
| 2006-10-11 | Order on motion to extend time, (BY THE CHIEF JUSTICE) | |
| 2006-10-11 |
Decision on motion to extend time, CJ, UPON APPLICATION by the appellants for a further order extending the time to serve and file their record, factum and book of authorities to February 25, 2007; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The motion is granted. 2) The time to serve and file the appellants' factum, record and book of authorities is extended to February 25, 2007. 3) The appeal is adjourned and shall be scheduled to be heard on May 25, 2007. Granted |
|
| 2006-10-02 | Submission of motion to extend time, CJ | |
| 2006-09-27 | Response to motion to extend time, Completed on: 2006-09-27 | Her Majesty the Queen |
| 2006-09-25 | Motion to extend time, FURTHER EXTENSION to file the appellants' record, factum and authorities to Feb. 25/07, Completed on: 2006-09-25 | Marco Trotta |
| 2006-05-18 | Order on motion to extend time, (BY THE CHIEF JUSTICE) | |
| 2006-05-18 |
Decision on motion to extend time, CJ, UPON APPLICATION by the appellants for a further order extending the time to serve and file their record, factum and book of authorities to September 30, 2006; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The motion is granted in part. 2) The time to serve and file the appellants' factum, record and book of authorities is extended to September 29, 2006. 3) The appeal is adjourned and shall be scheduled to be heard on January 17, 2007. Allowed in part |
|
| 2006-05-17 | Submission of motion to extend time, CJ | |
| 2006-05-17 | Response to motion to extend time, (Letter Form), (consent rec'd by email), Completed on: 2006-05-17 | Her Majesty the Queen |
| 2006-05-16 | Motion to extend time, to file the appellant's record, factum and authorities to Sept. 30, 2006 (further extension), Completed on: 2006-05-16 | Marco Trotta |
| 2006-02-07 | Order on motion to extend time, (BY THE CHIEF JUSTICE) | |
| 2006-02-07 |
Decision on motion to extend time, CJ, UPON APPLICATION by the appellants for an order extending the time to serve and file their record, factum and book of authorities to May 31, 2006, and that no date be set for the hearing of the above mentioned appeal until the Pathologist Review Committee's conclusion regarding this case is rendered; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The motion is granted in part. 2) The time to serve and file the appellants' factum, record and book of authorities is extended to May 31, 2006. 3) The appeal is adjourned and shall be tentatively scheduled to be heard in December 2006. Allowed in part |
|
| 2006-02-06 | Submission of motion to extend time, CJ | |
| 2006-01-30 | Response to motion to extend time, from K. Collins (by e-mail), Completed on: 2006-01-30 | Her Majesty the Queen |
| 2006-01-27 | Motion to extend time, to serve and file the appellants' record, factum and book of authorities to May 31/06 and for an order that no date be set for the hearing of this appeal, Completed on: 2006-01-27 | Marco Trotta |
| 2005-11-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-11-17 | Notice of appeal, Completed on: 2005-11-17 | Marco Trotta |
| 2005-11-14 | Notice of appeal, Completed on: 2005-11-14 | Anisa Trotta |
| 2005-10-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-10-21 | Judgment on leave sent to the parties | |
| 2005-10-20 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C32352 and C32570, dated October 28, 2004, are granted. Granted |
|
| 2005-10-20 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2005-09-26 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2005-09-26 | Submission of motion to extend time to file and/ or serve the leave application, Ma F Abe | |
| 2005-07-15 | Respondent's response on the application for leave to appeal, Completed on: 2005-07-15 | Her Majesty the Queen |
| 2005-06-23 | Order on miscellaneous motion | |
| 2005-06-23 |
Decision on the miscellaneous motion, permitting the applicants to file a single joint application for leave to appeal, Reg Granted |
|
| 2005-06-23 | Submission of miscellaneous motion, Reg | |
| 2005-06-22 | Response to miscellaneous motion, e-mail from Burke-Robertson dated June 22/05, Completed on: 2005-06-22 | Her Majesty the Queen |
| 2005-06-22 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-06-20 | Notice of miscellaneous motion, to file a single joint application for leave, Completed on: 2005-06-20 | Marco Trotta |
| 2005-06-09 | Trial Court record, (3 copies of 3 volumes of Proceedings at Trial) | |
| 2005-06-09 | Motion to extend the time to file and or serve the application for leave to appeal, (included in Application with consent), Completed on: 2005-06-09 | Marco Trotta |
| 2005-06-09 | Application for leave to appeal, (extension of time and consent included) (Motion to file joint application rec'd June 20/05), Completed on: 2005-06-20 | Marco Trotta |
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 |
|---|---|---|
| Trotta, Marco | Appellant | Active |
| Trotta, Anisa | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Trotta, Marco
Counsel
1515 - 180 Dundas St. West
Toronto, Ontario
M5G 1Z8
Telephone: (416) 923-1900
FAX: (416) 960-1498
Email: mlomer@lomerfrost.ca
Agent
200 Elgin Street, Suite 402
Ottawa, Ontario
K2P 1L5
Telephone: (613) 231-1004
FAX: (613) 231-4760
Party: Trotta, Anisa
Counsel
1515 - 180 Dundas St. West
Toronto, Ontario
M5G 1Z8
Telephone: (416) 847-2560 Ext: 222
FAX: (416) 847-2564
Email: jlockyer@lcp-law.com
Agent
200 Elgin Street, Suite 402
Ottawa, Ontario
K2P 1L5
Telephone: (613) 231-1004
FAX: (613) 231-4760
Party: Her Majesty the Queen
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4574
FAX: (416) 326-4656
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
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.
In 1993, 8-month old Paulo Trotta died. Dr. Smith, a forensic pathologist, performed an autopsy and testified for the Crown. Based in part on Dr. Smith’s testimony, Paulo’s father was convicted of second degree murder, aggravated assault and assault causing bodily harm and his mother was convicted of criminal negligence causing death and failure to provide the necessaries of life. She was acquitted of manslaughter. After conviction, Dr. Smith began to come under criticism in the media and other cases. The Office of the Chief Coroner reviewed some of his past work. The Trottas appealed from their convictions and applied for disclosure of documents produced in the Chief Coroner’s review. Their application for disclosure was denied and the Trottas’ appeal from their convictions was dismissed. At issue is whether their request for disclosure was properly denied and issues arising from the charge to the jury.
Lower court rulings
Ontario Court of Justice (General Division)
8814/97
Marco Trotta convicted of second degree murder, agravated assault and assault causing bodily harm (ss.231(7), 268 and 267(b)). Anisa Trotta acquitted of manslaugher and convicted of criminal negligence causing death and failure to provide the ...
Court of Appeal for Ontario
C32352, C32570
Appeal from conviction 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