Case information
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35498
Vincent Anthony Tommasone 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) |
|---|---|---|
| 2013-11-25 | Close file on Leave | |
| 2013-11-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-11-22 | Judgment on leave sent to the parties | |
| 2013-11-21 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C54639, 2013 ONCA 234, dated April 9, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2013-10-15 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2013-10-15 | Submission of motion to extend time to file and/ or serve the leave application, CJ Cro Wa | |
| 2013-10-07 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2013-10-07 | Vincent Anthony Tommasone |
| 2013-09-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-09-27 | Her Majesty the Queen |
| 2013-09-03 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2013-08-30 | Application for leave to appeal, (Book Form), fees to come - rec'd Sept.3/2013, Completed on: 2013-09-03 | Vincent Anthony Tommasone |
| 2013-07-26 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2013-07-26 | Vincent Anthony Tommasone |
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 |
|---|---|---|
| Tommasone, Vincent Anthony | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Tommasone, Vincent Anthony
Counsel
5000 Yonge Street
Suite 1708
Toronto, Ontario
M2N 7E9
Telephone: (416) 365-1773
FAX: (416) 365-0866
Email: adler@leoadlerlaw.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
Crown Law Office Criminal, 10th Flr.
720 Bay Street
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: philippe.cowle@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
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 – Whether Court of Appeal failed to apply standards of R. v. Gauthier, 2013 SCC 32, to applicant’s defense of abandonment – Whether failure by trial court and Court of Appeal to make any proper finding of fact that applicant made a significant contribution to attempted robbery, apart from his presence at the scene, contravenes Ezokola v. Canada (Citizenship and Immigration), 2013 SCC 40
The applicant was charged with committing a robbery outside a bank, in concert with two co-conspirators, and being masked while doing so. The Crown relied on the testimony of two eye witnesses and the complainant. The applicant and a co-conspirator stood together outside a bank, masked, awaiting the victim’s arrival. The applicant’s co-conspirator grabbed the victim and they struggled, the victim fell, and the applicant and his co-conspirator fled. The applicant claimed that they did not intend to rob the victim that night and that he abandoned the venture when he realized that one of his co-conspirators was about to commit an actual robbery. He and one of his co-conspirators testified that they went to the scene with intent only to feel things out and when the applicant realised that a robbery actually was about to occur, he said he would not participate.
Lower court rulings
Ontario Court of Justice
10.323410-01
Applicant convicted for robbery and for having his face masked with intent to commit an indictable offence
Court of Appeal for Ontario
C54639, 2013 ONCA 234
Appeal from convictions 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