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.
39902
Vito Buffone, et al. v. Her Majesty the Queen, et al.
(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) |
|---|---|---|
| 2022-07-26 | Close file on Leave | |
| 2022-07-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-07-21 | Judgment on leave sent to the parties | |
| 2022-07-21 |
Judgment of the Court on the application for leave to appeal, The motions for extensions of time to serve and file the applications for leave to appeal are granted. The motions to join two Court of Appeal for Ontario files in a single application for leave to appeal are granted. The applications for leave to appeal from the judgments of the Court of Appeal for Ontario, Number C64485, 2021 ONCA 676, dated October 1st, 2021 and Number C64424, 2021 ONCA 825, dated November 19, 2021, are dismissed. Dismissed |
|
| 2022-07-21 |
Decision on the miscellaneous motion, See decision on the application. Granted |
|
| 2022-07-21 |
Decision on motion to extend time to file and /or serve the leave application, See decision on the application. Granted |
|
| 2022-06-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-06-20 | Submission of miscellaneous motion, for consideration by the Court | |
| 2022-06-20 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-05-30 | Applicant's reply to respondent's argument, (Book Form), require: proof of service (rec'd 2022-05-31), Completed on: 2022-06-07, (Printed version filed on 2022-06-01) | Jeffrey Kompon |
| 2022-05-20 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-05-30) | Her Majesty the Queen |
| 2022-05-20 | Respondent's response on the application for leave to appeal, (Book Form), SECOND APPLICATION and THIRD APPLICATION, Completed on: 2022-06-07, (Printed version filed on 2022-06-30) | Her Majesty the Queen |
| 2022-04-19 | Letter acknowledging receipt of a complete application for leave to appeal, THIRD APPLICATION - FILE OPENED 2022-04-20 | |
| 2022-04-19 | Letter acknowledging receipt of a complete application for leave to appeal, SECOND APPLICATION - FILE OPENED 2022-04-20 | |
| 2022-04-11 | General proceeding, THE SECOND AND THIRD APPLICATIONS FILED IN THIS MATTER REMAIN UNDER REVIEW. ALL PARTIES WILL BE ADVISED IN WRITING, BY E-MAIL, WHEN THE REVIEW OF THESE APPLICATIONS IS COMPLETE | Vito Buffone |
| 2022-02-02 | Correspondence received from, The Respondent, Her Majesty the Queen, does not oppose the motion to join filed by the applicant - THIRD APPLICATION | Her Majesty the Queen |
| 2022-02-02 |
Certificate (on limitations to public access), SECOND APPLICATION 23A |
Vito Buffone |
| 2022-02-02 |
Notice of miscellaneous motion, (Book Form), (Included in the application for leave to appeal), SECOND APPLICATION Motion to join, Completed on: 2022-04-07 |
Vito Buffone |
| 2022-02-02 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), SECOND APPLICATION , Completed on: 2022-04-07 |
Vito Buffone |
| 2022-02-02 |
Application for leave to appeal, (Book Form), SECOND APPLICATION Filed: - motion for extension of time - motion to join co-applicant - CA order (C64424) - rec'd 2022-02-16, Completed on: 2022-04-07, (Electronic version filed on 2022-03-03) |
Vito Buffone |
| 2022-01-27 |
Certificate (on limitations to public access), THIRD APPLICATION |
Jeffrey Kompon |
| 2022-01-27 |
Notice of miscellaneous motion, (Book Form), (Included in the application for leave to appeal), THIRD APPLICATION Motion to join co-applicant , Completed on: 2022-04-07 |
Jeffrey Kompon |
| 2022-01-27 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), THIRD APPLICATION , Completed on: 2022-04-07 |
Jeffrey Kompon |
| 2022-01-27 |
Application for leave to appeal, (Book Form), THIRD APPLICATION Filed: - motion for extension of time - motion to join co-applicant - CA order (C64424) - rec'd 2022-02-16 , Completed on: 2022-04-07 |
Jeffrey Kompon |
| 2022-01-18 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-03-04) | Her Majesty the Queen |
| 2022-01-18 |
Respondent's response on the application for leave to appeal, (Letter Form), FIRST APPLICATION, Completed on: 2022-01-19, (Printed version filed on 2022-03-04) |
Her Majesty the Queen |
| 2021-12-09 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-12-09 | |
| 2021-11-30 |
Book of authorities, (Book Form), FIRST APPLICATION , Completed on: 2021-12-09 |
Vito Buffone |
| 2021-11-30 |
Certificate (on limitations to public access), (Letter Form), FIRST APPLICATION 23A, (Printed version filed on 2021-12-01) |
Vito Buffone |
| 2021-11-30 |
Application for leave to appeal, (Book Form), FIRST APPLICATION Require : -Trial Court Reasons and Trial Court Order (rec'd confirmation that there is no reasons or order, only an indictment and warrant for committal 2021-12-10) -Printed version of the Book of Authorities (rec'd 2021-12-10) , Completed on: 2022-02-03, (Printed version filed on 2021-12-01) |
Vito Buffone |
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 |
|---|---|---|
| Buffone, Vito | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Buffone, Vito | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Kompon, Jeffrey | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Buffone, Vito
Counsel
Colleen McKeown
103 Church Street, Suite 400
Toronto, Ontario
M5C 2G3
Telephone: (416) 297-7200 Ext: 102
Email: halfyard@danielbrownlaw.ca
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Kompon, Jeffrey
Counsel
William Thompson
171 John Street
Suite 101
Toronto, Ontario
M5T 1X3
Telephone: (416) 649-5063
FAX: (866) 714-1196
Email: faddario@addario.ca
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Her Majesty the Queen
Counsel
Amber Pashuk
Exchange Tower
130 King Street West, Suite 2400, Box 340
Toronto, Ontario
M5X 2A2
Telephone: (416) 906-6713
FAX: (416) 973-8253
Email: Lisa.Mathews@ppsc-sppc.gc.ca
Agent
160, rue Elgin
12ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Summary
Keywords
Criminal law — Evidence — Charge to jury — Sentencing — Whether an object on which no residue is visible is a substance or sample of it under s. 45 of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 — Whether a trial judge is required to instruct the jury that it must find probable membership of indicted or unindicted co-conspirators before their statements can be used against the accused at stage three of the instruction on conspiracy required following R. v. Carter, [1982] 1 S.C.R. 938 — Weight to be given to sentences imposed on co-accused by way of joint submission — Appropriate approach to proportionality and totality where an aggravating factor is part of the gravamen of a separately charged consecutive sentence?
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.
Mr. Buffone and Mr. Kompon were charged for their roles as senior members of a criminal enterprise that imported and distributed cocaine. The Crown’s case included evidence that cocaine was found on gloves seized during a search of a warehouse. The jury was instructed on proof of conspiracy. The jury convicted Mr. Buffone and Mr. Kompon of drug related offences on behalf of a criminal enterprise. Mr. Buffone was sentenced to 22 years imprisonment and Mr. Kompon to 20 years. The Court of Appeal dismissed appeals from the convictions, allowed sentence appeals, and substituted sentences of life imprisonment for convictions for conspiracy to import and possess cocaine for the purpose of trafficking.
Lower court rulings
Ontario Superior Court of Justice
C64485
Convictions for conspiracy to import and possess cocaine for the purpose of trafficking and related offences
Court of Appeal for Ontario
2021 ONCA 676, C64484 / C64485
Appeals from convictions dismissed
Court of Appeal for Ontario
2021 ONCA 825, C64424
Crown’s appeals from sentences allowed, sentences for life imprisonment substituted
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
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Related links
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