Case information
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34745
Daniele Campoli 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-08-17 | Close file on Leave | |
| 2012-08-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-08-10 | Judgment on leave sent to the parties | |
| 2012-08-09 |
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, Number C53459, 2012 ONCA 89, dated February 3, 2012, is dismissed without costs. Dismissed, without costs |
|
| 2012-06-11 | All materials on application for leave submitted to the Judges, De F Ka | |
| 2012-04-27 | Applicant's reply to respondent's argument, Completed on: 2012-04-27 | Daniele Campoli |
| 2012-04-19 | Respondent's response on the application for leave to appeal, Completed on: 2012-04-19 | Her Majesty the Queen |
| 2012-04-12 | Correspondence received from, Kirkor A. Apel, letter dated April 12, 2012, re.: does the SCC require the court orders | Daniele Campoli |
| 2012-04-04 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2012-04-02 | Application for leave to appeal, fees missing-rec'd April 10, 2012, orders from SC and C/A missing - rec'd April 27, 2012, Completed on: 2012-04-27 | Daniele Campoli |
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 |
|---|---|---|
| Campoli, Daniele | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Campoli, Daniele
Counsel
Toronto, Ontario
M3B 3M1
Telephone: (416) 386-1975
FAX: (416) 386-9807
Party: Her Majesty the Queen
Counsel
Crown Law Office Criminal
720 Bay Street, 10th floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: dena.bonnet@ontario.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.
Criminal law – Evidence – Hearsay – Admissibility – Admissibility of video-taped statement – Whether admissible – Whether the complaint’s video-taped statement establishes the reliability and necessity required for admission under the principled approach to the hearsay rule – Whether there are issues of public importance raised.
The applicant, Mr. Campoli is charged with assault. The applicant was a personal support worker caring for the 97 year old Ms. Gorsline, a resident of a senior citizens retirement residence. Ms. Gorsline provided a sworn video-taped statement to the police. The applicant was arrested on February 18, 2008. Ms. Gorsline died on April 19, 2008. The Crown commenced an application, pursuant to R. v. Kehlawon, [2006] 2 S.C.R. 787, for the admission of Ms. Gorsline’s video-taped statement for the truth of its contents. The Crown’s application to admit Ms. Gorsline’s video-taped statement for the truth of its contents was dismissed. An acquittal was entered. The summary conviction appeal was granted, the acquittal was set aside; and a new trial was ordered. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Court (Provincial Division)
Voir dire: Crown’s application to admit Ms. Gosling’s video-taped statement for the truth of its contents dismissed
Ontario Superior Court of Justice
12004/09, 2011 ONSC 1226
Summary conviction appeal: appeal granted, acquittal set aside; new trial ordered
Court of Appeal for Ontario
C53459, 2012 ONCA 89
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
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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
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