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.
37791
Yulik Rafilovich v. Her Majesty the Queen
(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) |
|---|---|---|
| 2020-02-06 | Appeal closed | |
| 2019-11-12 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-11-12 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-11-08 |
Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The appeal from the judgment of the Court of Appeal for Ontario, Number C58056, 2017 ONCA 634, dated August 3, 2017, heard on January 25, 2019, is allowed and the order of the Court of Appeal is set aside. Wagner C.J. and Moldaver and Côté JJ. dissent in part. Allowed |
|
| 2019-02-06 | Transcript received, 104 pages | |
| 2019-01-25 | Judgment reserved OR rendered with reasons to follow | |
| 2019-01-25 |
Hearing of the appeal, 2019-01-25, CJ Abe Mo Ka Ga Côt Br Row Mar Judgment reserved |
|
| 2019-01-25 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Her Majesty the Queen |
| 2019-01-25 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Yulik Rafilovich |
| 2019-01-17 | Correspondence received from, (Letter Form), 2 reserved seats requested | Her Majesty the Queen |
| 2019-01-10 | Notice of appearance, (Letter Form), Gregory DelBigio, Q.C. and Alison M. Latimer will appear before the court. Gergory DellBigio, Q.C. will present oral arguments. | British Columbia Civil Liberties Association |
| 2019-01-10 | Notice of appearance, (Letter Form), Brad Reitz and Sarah Egan will appear before the court. Brad Reitz will present oral arguments. | Her Majesty the Queen |
| 2019-01-08 | Notice of appearance, (Letter Form), Alan D. Gold and Deepa Negandhi will appear before the court. Alan D. Gold will present oral arguments. | Criminal Lawyers' Association of Ontario |
| 2019-01-08 |
Notice of appearance, (Letter Form), Michael W. Lacy and Bryan Badali will appear before the court. Michael W. Lacy will present oral arguments. |
Canadian Civil Liberties Association |
| 2019-01-08 | Notice of appearance, (Letter Form), Gregory Lafontaine and Carly Eastwood will appear before the court. Gregory Lafontaine will present oral arguments. | Yulik Rafilovich |
| 2019-01-07 | Intervener's factum, (Book Form), Completed on: 2019-01-07 | Canadian Civil Liberties Association |
| 2019-01-07 | Intervener's book of authorities, (Book Form), Completed on: 2019-01-07 | Criminal Lawyers' Association of Ontario |
| 2019-01-07 | Intervener's factum, (Book Form), Completed on: 2019-01-07 | Criminal Lawyers' Association of Ontario |
| 2019-01-07 | Intervener's book of authorities, (Book Form), Completed on: 2019-01-07 | British Columbia Civil Liberties Association |
| 2019-01-07 | Intervener's factum, (Book Form), Completed on: 2019-01-07 | British Columbia Civil Liberties Association |
| 2019-01-04 |
Notice of appearance, (Letter Form), Brett Cohen and Melissa Adams will appear before the court. Brett Cohen will present oral arguments. |
Attorney General of Ontario |
| 2019-01-03 | Intervener's factum, (Book Form), Completed on: 2019-01-03 | Attorney General of Ontario |
| 2018-12-19 | Appeal perfected for hearing | |
| 2018-12-13 | Respondent's factum, (Book Form), Completed on: 2018-12-13 | Her Majesty the Queen |
| 2018-12-06 | Notice of hearing sent to parties | |
| 2018-12-06 |
Appeal hearing scheduled, 2019-01-25, (PREVIOUSLY TENTATIVELY SCHEDULED FOR 2019-01-16) The schedule for serving and filing the material is set as follows: The notice of appeal shall be served and filed on or before August 30, 2018. The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before October 18, 2018. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before November 15, 2018. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before November 20, 2018. Replies to any responses to the motions for leave to intervene shall be served and filed on or before November 22, 2018. Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before January 7, 2019. The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before December 13, 2018. Judgment reserved |
|
| 2018-11-28 | Correspondence (sent by the Court) to, to the parties. Tentatively scheduled for January 25, 2019. | |
| 2018-11-23 | Order on motion for leave to intervene, by CÔTÉ J. | |
| 2018-11-23 |
Decision on the motion for leave to intervene, Côt, UPON APPLICATION by the Attorney General of Ontario, the Canadian Civil Liberties Association, the Criminal Lawyers’ Association and the British Columbia Civil Liberties Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and the said four (4) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before January 7, 2019. The said four (4) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The interveners are not 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 interveners shall pay to the appellant and respondent any additional disbursements resulting from their interventions. Granted |
|
| 2018-11-23 | Submission of motion for leave to intervene, Côt | |
| 2018-11-22 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-22 | Attorney General of Ontario |
| 2018-11-20 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-20 | Yulik Rafilovich |
| 2018-11-19 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-19 | Her Majesty the Queen |
| 2018-11-15 | Notice of name, (Letter Form) | British Columbia Civil Liberties Association |
| 2018-11-15 | Motion for leave to intervene, (Book Form), Completed on: 2018-11-15 | British Columbia Civil Liberties Association |
| 2018-11-15 | Notice of name, (Letter Form) | Canadian Civil Liberties Association |
| 2018-11-14 | Motion for leave to intervene, (Book Form), MISSING: Notice of name (received 15-11-2018), Completed on: 2018-11-16 | Canadian Civil Liberties Association |
| 2018-11-13 | Notice of name, (Letter Form) | Criminal Lawyers' Association of Ontario |
| 2018-11-13 | Motion for leave to intervene, (Letter Form), MISSING: filing fee (received 15-11-2018), Completed on: 2018-11-16 | Criminal Lawyers' Association of Ontario |
| 2018-11-08 | Certificate (on limitations to public access), (Letter Form) | Attorney General of Ontario |
| 2018-11-08 | Motion for leave to intervene, (Book Form), Completed on: 2018-11-08 | Attorney General of Ontario |
| 2018-10-18 | Certificate (on limitations to public access), (Letter Form) | Yulik Rafilovich |
| 2018-10-18 | Appellant's record, (Book Form), (3 volumes), Completed on: 2018-10-18 | Yulik Rafilovich |
| 2018-10-18 | Appellant's book of authorities, (Book Form), Completed on: 2018-10-18 | Yulik Rafilovich |
| 2018-10-18 | Appellant's factum, (Book Form), Completed on: 2018-10-18 | Yulik Rafilovich |
| 2018-08-30 | Certificate (on limitations to public access), (Letter Form) | Yulik Rafilovich |
| 2018-08-30 | Notice of appeal, (Letter Form), Completed on: 2018-08-30 | Yulik Rafilovich |
| 2018-07-27 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2018-07-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-07-06 | Judgment on leave sent to the parties | |
| 2018-07-05 |
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 C58056, 2017 ONCA 634, dated August 3, 2017, is granted. The schedule for serving and filing material will be set by the Registrar. Granted |
|
| 2018-06-25 | Correspondence received from, No Superior Court order. | Yulik Rafilovich |
| 2018-03-05 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-11-09 | Certificate (on limitations to public access), 23-A | Her Majesty the Queen |
| 2017-11-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-11-09 | Her Majesty the Queen |
| 2017-10-10 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened on 2017-10-10 | |
| 2017-10-02 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Yulik Rafilovich |
| 2017-10-02 | Application for leave to appeal, (Book Form), Missing CA Order (received on 2018-06-18). , Completed on: 2018-06-26 | Yulik Rafilovich |
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 |
|---|---|---|
| Rafilovich, Yulik | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Criminal Lawyers' Association of Ontario | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
Counsel
Party: Rafilovich, Yulik
Counsel
400 University Avenue
Suite 2001
Toronto, Ontario
M5G 1R7
Telephone: (416) 204-1835
FAX: (416) 204-1849
Email: greg@127john.com
Agent
200 Elgin Street
Suite 600
Ottawa, Ontario
K2P 1L5
Telephone: (613) 237-2290
FAX: (613) 237-0071
Email: solomon@edelsonlaw.ca
Party: Her Majesty the Queen
Counsel
Sarah Egan
The Exchange Tower Box 36
3400 - 130 King Street St. W.
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-5042
FAX: (416) 973-8253
Email: Bradley.reitz@ppsc-sppc.gc.ca
Agent
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Party: Attorney General of Ontario
Counsel
Brett Cohen
720 Bay St., 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: melissa.adams@ontario.ca
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Party: Canadian Civil Liberties Association
Counsel
Bryan Badali
161 Bay St., Suite 2900
Toronto, Ontario
M5J 2S1
Telephone: (416) 362-4567
FAX: (416) 362-8410
Email: mlacy@btzlaw.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Criminal Lawyers' Association of Ontario
Counsel
Deepa Negandhi
20 Adelaide Street East
Suite 210
Toronto, Ontario
M5C 2T6
Telephone: (416) 368-1726
FAX: (416) 368-6811
Email: info@alandgoldlaw.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: British Columbia Civil Liberties Association
Counsel
Gregory DelBigio, Q.C.
1512 - 808 Nelson Street
Box 12149
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 696-9828 Ext: 6
FAX: (888) 575-3281
Email: alatimer@arvayfinlay.ca
Agent
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Summary
Keywords
Criminal law - Sentencing - Fine in lieu of forfeiture - Whether a fine in lieu of forfeiture should be imposed in respect of proceeds of crime seized by the police but returned by order of the court to the accused to pay for defence counsel - Whether to interfere with sentencing judge’s discretion regarding whether to order a fine in lieu of forfeiture - Whether payment of legal fees from proceeds of crime was a benefit frustrating legislation respecting fines in lieu of forfeiture?
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. Rafilovich was charged with multiple offences. When executing search warrants in relation to the offences, the police seized $41,130.51 (Cdn) and $651 (US). Mr. Rafilovich had no monies available for legal fees and did not qualify for legal aid. He applied pursuant to s. 462.34(4) of the Criminal Code, R.S.C. 1985, c. C-46, to be permitted to utilize the seized funds to meet reasonable legal expenses. On October 26, 2009, Macdonald J. of the Superior Court of Justice granted the application and ordered all seized funds to be released to defence counsel to meet Mr. Rafilovich’s legal expenses. Mr. Rafilovich pleaded guilty to five charges. The seized funds were determined to be proceeds of crime. At the sentencing hearing, Crown counsel in part requested an order imposing a fine in lieu of forfeiture of $41,976.39 (Cdn). The sentencing judge decided not grant a fine in lieu of forfeiture. Crown counsel appealed. The Court of Appeal allowed the appeal and ordered a fine in lieu of forfeiture in the amount of $41,976.39.
Lower court rulings
Ontario Superior Court of Justice
CR-11-90000676, CR-11-90000686, CR-11-90000687, 2013 ONSC 7293
Application for fine in lieu of forfeiture dismissed
Court of Appeal for Ontario
C58056, 2017 ONCA 634
Appeal allowed, Sentence varied and fine in lieu of forfeiture in the amount of $41,976.39 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
Not available
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