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.
39737
Caterina Petrolo 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) |
|---|---|---|
| 2021-12-21 | Close file on Leave | |
| 2021-12-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-12-09 | Judgment on leave sent to the parties | |
| 2021-12-09 |
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 C67966, 2021 ONCA 498, dated July 8, 2021, is dismissed. Dismissed |
|
| 2021-11-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-08-26 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2021-09-07, (Printed version filed on 2021-09-13) | Caterina Petrolo |
| 2021-08-24 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-09-07) | Her Majesty the Queen |
| 2021-08-24 |
Respondent's response on the application for leave to appeal, (Letter Form), Require: -Proof of service (rec'd 2021-08-24) - Certificate of Counsel (rec'd 2021-08-24), Completed on: 2021-09-07, (Printed version filed on 2021-09-07) |
Her Majesty the Queen |
| 2021-08-24 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2021-08-18 | Application for leave to appeal, (Book Form), Completed on: 2021-08-24, (Printed version filed on 2021-08-19) | Caterina Petrolo |
| 2021-07-22 | Letter acknowledging receipt of a notice of application for leave to appeal, FILE OPENED 2021-07-22 | |
| 2021-07-09 | Certificate (on limitations to public access), (Letter Form), re-filed 2022-08-18, (Printed version due on 2021-07-16) | Caterina Petrolo |
| 2021-07-09 |
Notice of application for leave to appeal, (Book Form), Require: - CA Order (rec'd 2021-08-18), Completed on: 2021-08-24, (Printed version filed on 2021-07-12) |
Caterina Petrolo |
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 |
|---|---|---|
| Petrolo, Caterina | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Petrolo, Caterina
Counsel
Laura J. Metcalfe
20 Adelaide Street East
Suite 210
Toronto, Ontario
M5C 2T6
Telephone: (416) 368-1726
FAX: (416) 368-6811
Email: info@alandgoldlaw.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
720 Bay St., 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: matthew.asma@ontario.ca
Summary
Keywords
Criminal law — Evidence — Interception of Communications — Whether the Court of Appeal erred in law in interpreting s. 193(2)(b) of the Criminal Code — Whether the lower courts erred in deciding that necessity is not an element of s. 193(2)(b) of the Criminal Code and that the police acted reasonably in the circumstances — Whether the Court of Appeal erred in law in supporting the trial judge’s requirement for direct evidence of falsity — Whether the verdict was proven beyond a reasonable doubt — Whether the burden of proof was reversed — Whether there was a failure to consider the absence of evidence from the prosecutors — Whether the lower courts erred in law in their analysis — Criminal Code, R.S.C. 1985, c. C 46, s. 193.
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.
The applicant was convicted of one count of breach of trust of a public official, and one count of attempt to obstruct justice for using her position as a paralegal prosecutor to improperly influence the outcome of provincial offences matters. A conviction appeal was dismissed.
Lower court rulings
Ontario Court of Justice
2020 ONCJ 36, Central East 18-09311
Applicant’s Charter application dismissed
Ontario Court of Justice
2020 ONCJ 122, Central East 18-09311
Convictions entered: breach of trust of a public official and attempt to obstruct justice
Court of Appeal for Ontario
2021 ONCA 498, C67966
Conviction 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
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