Case information
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40808
His Majesty the King v. Tracy Kitch
(Nova Scotia) (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) |
|---|---|---|
| 2023-11-17 | Close file on Leave | |
| 2023-11-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-11-16 | Judgment on leave sent to the parties | |
| 2023-11-16 |
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 Nova Scotia Court of Appeal, Number CAC 516448, 2023 NSCA 33, dated March 7, 2023, is dismissed. Dismissed |
|
| 2023-11-16 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2023-10-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-10-10 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-09-08 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-09-08, (Printed version filed on 2023-09-08) | His Majesty the King |
| 2023-08-30 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2023-08-30) | Tracy Kitch |
| 2023-08-30 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-08-30, (Printed version filed on 2023-08-30) | Tracy Kitch |
| 2023-06-30 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED: 2023-06-30 | |
| 2023-06-28 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2023-06-30 | His Majesty the King |
| 2023-06-28 | Certificate (on limitations to public access), Form 23A | His Majesty the King |
| 2023-06-28 |
Application for leave to appeal, (Book Form), Missing: - Filing Fee (Rec'd 2023-07-05), Completed on: 2023-07-05, (Electronic version filed on 2023-06-28) |
His Majesty the King |
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 |
|---|---|---|
| His Majesty the King | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kitch, Tracy | Respondent | Active |
Counsel
Party: His Majesty the King
Counsel
Erica Koresawa
700-1625 Grafton Street
Halifax, Nova Scotia
B3J 0E8
Telephone: (902) 424-2864
FAX: (902) 424-8440
Email: mark.scott@novascotia.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Kitch, Tracy
Counsel
Michelle M. Biddulph
Jacqueline L. King
15 Bedford Road
Toronto, Ontario
M5R 2J7
Telephone: (416) 868-1755
FAX: (416) 868-1990
Email: bgreenspan@15bedford.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Summary
Keywords
Criminal law — Fraud — Fraud by a public officer — Elements of offence — Appeal —Sufficiency of reasons — Whether trial judge’s reasons were sufficient — Whether the Court of Appeal’s use of the wrong legal test for sufficiency of reasons creates an artificial requirement for exactitude that is inconsistent with the functional approach mandated by this Court, and will overburden already busy trial courts — Whether the Court of Appeal’s use of the wrong legal test for fraud by a public officer will impose on the Crown an otherwise non-existent burden of proof and which will, also, overburden already busy courts.
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 respondent was the CEO of a hospital. The offences involved personal expenses incurred on her corporate credit card. The respondent was convicted of fraud and fraud by a public officer. The Court of Appeal allowed the appeal, set aside the convictions, and ordered a new trial.
Lower court rulings
Provincial Court of Nova Scotia
2022 NSPC 4, 8277386, 8277387
Convictions entered: fraud and fraud by a public officer
Nova Scotia Court of Appeal
2023 NSCA 33, CAC 516448
Appeal allowed, convictions quashed and a new trial ordered
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