Court File and Parties

Citation: R. v. Ryazanov, 2008 ONCA 245 Date: 2008-04-04 Docket: M35945 (C47317)

Court of Appeal for Ontario Laskin, Sharpe and MacFarland JJ.A.

Between: Her Majesty the Queen (Respondent) and Alexander Ryazanov and Wang-Piao Dumani Ross (Applicants)

Counsel: Edward L. Greenspan, Q.C. and Brian H. Greenspan for the applicants R.W. Hubbard and Matthew Asma for the respondent

Heard: April 1, 2008

Endorsement

[1] This is the continuation of the motion for directions originally brought before MacFarland J.A. on January 25, 2008 and adjourned to a panel of three judges. The background and facts are fully set out in MacFarland J.A.’s endorsement of February 8, 2008.

[2] In correspondence with the applicants’ counsel the Crown has clearly indicated that it has no documents, notes, memoranda or written record of what transpired at the in-chambers pre-sentence meeting before the trial judge. In oral submissions before us on this motion, Mr. Hubbard stated that while the Crown takes the position that its right to appeal the sentences is not limited by any undertaking given at the in-chambers meeting, should the applicants raise the issue in response to the Crown’s appeal, there is nothing to suggest that the Crown could or would advance a version of the facts materially at odds with that outlined in the third paragraph Mr. Brian Greenspan’s letter to him dated November 27, 2007. The Crown suggests that in these circumstances, in order to expedite matters, the applicants prepare a draft statement of agreed facts based on the Humphrey memorandum of the pre-sentence in-chambers meeting.

[3] In our view, the effect of these representations and submissions by the Crown is that no purpose would be served by making the disclosure order sought by the applicants. The Crown has effectively conceded that it has nothing to contradict the applicants’ version of the essential facts regarding the in-chambers pre-sentence meeting.

[4] In these circumstances, and in the light of the position taken by the Crown before us, we direct that the applicants prepare a draft statement of agreed facts. If the parties are unable to reach agreement on an agreed statement of facts by April 30, 2008, we direct that they arrange, through the registrar, a case conference with a member of this panel not later than May 16 with a view to ensuring that this appeal is listed for hearing as soon as possible.

“John I. Laskin J.A.”

“Robert J. Sharpe J.A.”

“J. MacFarland J.A.”