Case information
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33723
Jaroslaw Lutoslawski v. Her Majesty the Queen
(Ontario) (Criminal) (As of Right)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2010-11-23 | Transcript received, (15 pages) | |
| 2010-11-19 | Appeal closed | |
| 2010-11-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2010-11-08 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2010-11-05 |
Judgment on the appeal rendered, Bi LeB De F Abe Cha Ro Dismissed |
|
| 2010-11-05 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2010-11-05 |
Hearing of the appeal, 2010-11-05, Bi LeB De F Abe Cha Ro Judgment rendered |
|
| 2010-10-20 | Notice of appearance, Christine Tier will be present at the hearing. | Her Majesty the Queen |
| 2010-10-04 | Respondent's book of authorities, Completed on: 2010-10-04 | Her Majesty the Queen |
| 2010-10-04 | Respondent's record, Completed on: 2010-10-04 | Her Majesty the Queen |
| 2010-10-04 | Respondent's factum, Completed on: 2010-10-04 | Her Majesty the Queen |
| 2010-10-04 | Appeal perfected for hearing | |
| 2010-08-12 | Correspondence received from, S. Ozkin dated Aug. 11/10 re: clarifying that the word "confidential" on the covers of the factum and record books should not have been marked and authorizing to removal of the word on the books (by e-mail) | Jaroslaw Lutoslawski |
| 2010-08-09 | Appellant's book of authorities, Completed on: 2010-08-09 | Jaroslaw Lutoslawski |
| 2010-08-09 | Appellant's record, Completed on: 2010-08-09 | Jaroslaw Lutoslawski |
| 2010-08-09 | Appellant's factum, Completed on: 2010-08-09 | Jaroslaw Lutoslawski |
| 2010-07-05 | Notice of hearing sent to parties | |
| 2010-07-05 |
Appeal hearing scheduled, 2010-11-05 Judgment rendered |
|
| 2010-06-23 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2010-06-22 | Correspondence received from, Anil K. Kapoor dated June 22, 2010. Sent notice of counsel confirming that he will represent the appellant in his appeal as of right. | Jaroslaw Lutoslawski |
| 2010-05-17 | Notice of appeal, (Bookform), Completed on: 2010-05-17 | Jaroslaw Lutoslawski |
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 |
|---|---|---|
| Lutoslawski, Jaroslaw | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Lutoslawski, Jaroslaw
Counsel
Senem Ozkin
210 - 20 Adelaide Street East
Toronto, Ontario
M5C 2T6
Telephone: (416) 363-2700
FAX: (416) 368-6811
Email: akk@adelaide
Agent
470 Somerset Street West
Ottawa, Ontario
K1R 5J8
Telephone: (613) 288-2890
FAX: (613) 288-2896
Email: email@lgreenspon.com
Party: Her Majesty the Queen
Counsel
Crown Law Office
10th Floor - 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2684
FAX: (416) 326-4656
Email: christine.tier@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
None.
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.
(Publication ban in case)
Criminal law - Offences - Elements of offence - Sexual Assault - Proof of an improper or ulterior purpose - Whether the Court of Appeal erred in substituting convictions relating to the sexual assault counts (6, 8 and 10) instead of ordering a new trial.
The Appellant was charged with five counts of sexual exploitation and five counts of sexual assault. Through an organization he founded, the Appellant took Polish-Canadian boys and girls on wilderness camping trips and overseas excursions. These trips were the primary setting for the alleged offences. The four complainants were all teenage girls between the ages of fifteen and eighteen. The Appellant was tried by judge alone and acquitted on all counts. The Court of Appeal allowed the appeals on the charges of sexual assault. With respect to one of the complainants, the Court of Appeal quashed the acquittal and ordered a new trial. With respect to the three other complainants, the Court of Appeal entered convictions. The appeals from the acquittals on the charges of sexual exploitation were dismissed.
Lower court rulings
Ontario Superior Court of Justice
See file
Court of Appeal for Ontario
C49601, 2010 ONCA 207
See file.
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
Not available
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