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.
33529
Her Majesty the Queen v. John Phillip Topp
(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) |
|---|---|---|
| 2011-10-06 | Appeal closed | |
| 2011-09-26 | Correspondence received, From Adam Langley of the Court of Appeal for Ontario, dated September 26, 2011, re.: Error on the panel of C.A Judges, amended endorsement included. (rec'd by email) | |
| 2011-09-26 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-09-26 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-09-23 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for Ontario, Number C48880, 2009 ONCA 828, dated November 20, 2009, heard on March 23, 2011, is dismissed. Dismissed, no order as to costs |
|
| 2011-04-12 | Transcript received, (79 pages) | |
| 2011-03-23 | Judgment reserved OR rendered with reasons to follow | |
| 2011-03-23 | Intervener's condensed book, Submitted in Court (14 copies) | Attorney General of Alberta |
| 2011-03-23 | Appellant's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2011-03-23 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2011-03-23 |
Hearing of the appeal, 2011-03-23, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2011-03-09 | Notice of appearance, Nicholas Devlin and Xenia Proestos will be present at the hearing. | Her Majesty the Queen |
| 2011-03-02 | Notice of appearance, Maureen McGuire will be present at the hearing. | Attorney General of Alberta |
| 2011-03-02 | Notice of appearance, Andras Schreck will be present at the hearing. | P. Andras Schreck |
| 2011-02-14 | Amicus curiae's book of authorities, Completed on: 2011-02-14 | P. Andras Schreck |
| 2011-02-14 | Amicus curiae's factum, Completed on: 2011-02-14 | P. Andras Schreck |
| 2011-02-14 |
Order by, Cro, FURTHER TO THE ORDER dated December 16, 2011, granting leave to intervene to the Attorney General of Alberta; IT IS HEREBY FURTHER ORDERED THAT the intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal Granted |
|
| 2011-02-09 | Intervener's book of authorities, Completed on: 2011-02-09 | Attorney General of Alberta |
| 2011-02-09 | Intervener's factum, Completed on: 2011-02-09 | Attorney General of Alberta |
| 2010-12-31 | Appeal perfected for hearing | |
| 2010-12-16 | Order on motion for leave to intervene, (BY CROMWELL J.) | |
| 2010-12-16 |
Decision on the motion for leave to intervene, Cro, UPON APPLICATION by the Attorney General of Alberta for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the Attorney General of Alberta is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2010-12-16 | Submission of motion for leave to intervene, Cro | |
| 2010-12-14 | Response to the motion for leave to intervene, email from François Lacasse dated Dec. 14/10, Completed on: 2010-12-14 | Her Majesty the Queen |
| 2010-12-03 | Motion for leave to intervene, Completed on: 2010-12-03 | Attorney General of Alberta |
| 2010-12-03 | Correspondence (sent by the Court) to, (Letter Form), Mr. Schreck, dated Dec-3-10 re: Appointed as amicus curiae | |
| 2010-11-24 | Correspondence received from, François Lacasse dated Nov-24-10 re: agrees to the appointment and funding of an amicus curiae | Her Majesty the Queen |
| 2010-11-22 | Correspondence received from, Andras Schreck rec'd by e-mail re: agrees to act as amicus Curiae | P. Andras Schreck |
| 2010-11-16 | Notice of hearing sent to parties, REVISED Notice sent on Dec-10-10 | |
| 2010-11-16 |
Appeal hearing scheduled, 2011-03-23, previously March 18, 2011,(start time 9:00 am) Judgment reserved |
|
| 2010-11-05 | Appellant's book of authorities, Vol. 1 and 2 - CD, Form and original affidavit of service rec'd Nov. 9/10, Completed on: 2010-11-10 | Her Majesty the Queen |
| 2010-11-05 | Appellant's record, CD, Form and original affidavit of service rec'd Nov. 9/10, Completed on: 2010-11-10 | Her Majesty the Queen |
| 2010-11-05 | Appellant's factum, CD, Form and Original affidavit of service rec'd Nov. 9/10, Completed on: 2010-11-10 | Her Majesty the Queen |
| 2010-10-08 | Correspondence received from, (Letter Form), Mr. Topp via telephone dated Oct-08-10 re: questionnaire | John Phillip Topp |
| 2010-09-15 | Correspondence (sent by the Court) to, Mr. Topp with attached questionnaire, from N. Loreti (c.c.: all parties) | |
| 2010-09-10 | Correspondence (sent by the Court) to, J.P. Topp (cc. all parties) with enclosed questionnaire - returned to Registry on Sept. 15, 2010 - wrong address | |
| 2010-08-13 | Notice of appeal, Completed on: 2010-08-13 | Her Majesty the Queen |
| 2010-06-29 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2010-06-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-06-18 | Judgment on leave sent to the parties | |
| 2010-06-17 |
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 C48880, 2009 ONCA 828, dated November 20, 2009, is granted. Granted |
|
| 2010-05-03 | All materials on application for leave submitted to the Judges, Bi F Ro | |
| 2010-01-26 | Correspondence received from, Nicholas Devlin dated January 26, 2010. Re: Insert page 6 of memorandum which was missing | Her Majesty the Queen |
| 2010-01-22 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-01-18 | Application for leave to appeal, Page 6 of memorandum inserted in application on Jan. 26, 2010, Completed on: 2010-01-18 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Topp, John Phillip | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Schreck, P. Andras | Amicus curiae | Active |
| Attorney General of Alberta | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Xenia Proestos
130 King Street West
Suite 3400, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6213
FAX: (416) 952-2116
Email: nick.devlin@ppsc-sppc.gc.ca
Agent
284 Wellington Street
2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca
Party: Topp, John Phillip
This party is not represented by counsel.
Party: Schreck, P. Andras
Counsel
6 Adelaide Street East, 5th Floor
Toronto, Ontario
M5C 1H6
Telephone: (416) 977-6268 Ext: 1
FAX: (416) 977-8513
Email: schreck@schreckpresser.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Alberta
Counsel
3rd Floor, 9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: maureen.mcguire@gov.ab.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
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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.
Criminal law Sentencing Whether trial judge erred by deciding a contested factual issue on sentencing (the ability to pay a fine) on the basis of counsel’s submissions, rather than having evidence called Requirements of s. 724(3) of the Criminal Code Whether s. 734(2) of the Criminal Code requires the Crown to prove location of the stolen money.
Through his customs brokerage business, John Topp defrauded Canada customs of over $4.7 million. He was convicted of 16 counts of fraud and attempted fraud. Defence counsel led no evidence at trial or sentencing. The trial judge held that Topp received the money and that it remains missing. At sentencing, the Crown sought imprisonment and a fine. A fine is discretionary. Section 734(2) of the Criminal Code requires a sentencing judge, in order to impose a discretionary fine, to satisfy himself or herself that the offender is able to pay the fine. Section 724(3) of the Criminal Code requires in part that, where a fact is in dispute at sentencing, the party wishing to rely on the fact must prove it, the court must request evidence proving the fact unless satisfied that sufficient evidence was adduced at trial, and the court must be satisfied on a balance of probabilities of the existence of the disputed fact. Defence counsel stated that Topp does not have the money and produced a letter from Topp’s current wife describing the family’s financial situation as modest.
Lower court rulings
Ontario Superior Court of Justice
2008 CanLII 20991, CR-05-173-0000
Imprisonment imposed for multiple counts of fraud and attempted fraud; No fine imposed
Court of Appeal for Ontario
C48880, 2009 ONCA 828
Appeal from decision not to impose fine dismissed
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
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