Case information
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40814
Demitry Papasotiriou v. His Majesty the King
(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) |
|---|---|---|
| 2025-01-23 | Close file on Leave | |
| 2023-11-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-11-23 | Judgment on leave sent to the parties | |
| 2023-11-23 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the reply is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C65707, 2023 ONCA 358, dated May 19, 2023, is dismissed. Dismissed |
|
| 2023-11-23 |
Decision on motion to extend time, 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, for consideration by the Court | |
| 2023-09-18 | Supplemental document, (Letter Form), Amended Tab 6 of the application, (Printed version filed on 2023-09-20) | Demitry Papasotiriou |
| 2023-09-18 | Motion to extend time, (Book Form), to serve and file the reply, Completed on: 2023-09-25, (Printed version filed on 2023-10-23) | Demitry Papasotiriou |
| 2023-09-14 |
Applicant's reply to respondent's argument, (Book Form), Missing: - Motion for extension of time (rec's 2023/09/18) Amended reply filed 09/18/2023, Completed on: 2023-09-18, (Printed version filed on 2023-09-20) |
Demitry Papasotiriou |
| 2023-08-28 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2023-08-30) | His Majesty the King |
| 2023-08-28 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-08-30, (Printed version filed on 2023-08-30) | His Majesty the King |
| 2023-07-12 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED: 2023-07-12 | |
| 2023-07-10 | Certificate (on limitations to public access), Form 23A | Demitry Papasotiriou |
| 2023-07-10 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2023-09-08, (Printed version filed on 2023-07-10) | Demitry Papasotiriou |
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 |
|---|---|---|
| Papasotiriou, Demitry | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Papasotiriou, Demitry
Counsel
Jessica Zita
102 Atlantic Avenue, Suite 100
Toronto, Ontario
M6K 1X9
Telephone: (416) 518-7983
FAX: (416) 613-8746
Email: jlockyer@lzzdefence.ca
Agent
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Party: His Majesty the King
Counsel
Manasvin Goswami
720 Bay Street - 10th Floor
Toronto, Ontario
M5X 1K6
Telephone: (416) 919-8814
FAX: (416) 326-4656
Email: karen.papadopoulos@ontario.ca
Summary
Keywords
Criminal law — Reasonable verdict — Appeals — Whether a verdict is reasonable when a court of appeal is of the opinion that the case against the accused was far from overwhelming — Can a conviction be reasonable even though the circumstantial evidence gives rise to inferences that favour an acquittal more than a conviction — Whether the test for an unreasonable verdict should be expanded to allow a court of appeal to set aside what, on its face, is an unsafe verdict?
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.
On March 2, 2011, Mr. Lanteigne was murdered. His husband, Mr. Papasotiriou, and a co-accused were charged with first degree murder. Mr. Papasotiriou was living in Greece at the time of the murder and the Crown’s case against him relied on circumstantial evidence. A jury convicted Mr. Papasotiriou of first degree murder. The Court of Appeal dismissed an appeal from the conviction.
Lower court rulings
Ontario Superior Court of Justice
C65707
Conviction by jury of first degree murder
Court of Appeal for Ontario
2023 ONCA 358, C65502; C66244; C65707
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