Court Information

COURT OF APPEAL FOR ONTARIO DATE: 20221214 DOCKET: C70951

Parties and Counsel

BETWEEN

Caja Paraguaya de Jubilaciones y Pensiones del Personal de Itaipu Binacional Plaintiff/Moving Party (Respondent)

and

His Majesty the King (Respondent)

and

Eduardo Garcia Obregon a.k.a. Eduardo Garcia a.k.a. Eddie Obregon, Claudia Patricia Garcia a.k.a. Patricia Garcia a.k.a. Claudia Patricia De Garcia a.k.a. Claudia Santisteban, Ligia Ponciano, Managed (Portfolio), Corp., Genesis (LA), Corp. (Ontario Corporation Number 1653094, Genesis (LA), Corp. (Alberta Corporate Access Number 2013145921), FC Int, Corp., First Canadian INT, Corp., Union Securities Limited, Scott Colwell, Marty Hibbs, Hibbs Enterprises Ltd., Columbus Capital Corporation, Antonio Duscio , Leanne Duscio, Leanne Duscio carrying on business as The Queen St. Conservatory, Catan Canada Inc., Vijay Paul, Greg Baker, Bradley F. Breen, Lou Maraj, 2138003 Ontario Inc., Mackie Research Capital Corporation, First Canadian Capital Markets Ltd., First Canadian Capital Corp, FC Financial Private Wealth Group Inc., Jason C. Monaco, Daniel Boase, Paolo Abate, Nikolaos Stylianos Tsimidis, Genesis Land Development Corporation, Limited Partnership Land Pool (2007),and GP LPLP 2007 Inc. Defendants/Responding Party ( Appellant )

Before: Trotter, Coroza and George JJ.A.

Counsel: Antonio Duscio, appearing in person Dan Stein, appearing as duty counsel Jacqueline King and John De Vellis, for the respondent Caja Paraguaya de Jubilaciones y Pensiones del Personal de Itaipu Binacional Erica Whitford, for the respondent Crown

Hearing Information

Heard and released orally: December 5, 2022

On appeal from the sentence imposed on April 28, 2022, by Justice Markus Koehnen of the Superior Court of Justice, with reasons at 2022 ONSC 2360.

REASONS FOR DECISION

[1] Mr. Duscio was sentenced to 16 months’ imprisonment (without parole) for contempt of court. This sentence was imposed soon after Dunphy J. had imposed a 12-month contempt sentence for related contemptuous conduct.

[2] The sentencing judge gave detailed written reasons for why he imposed the sentence that he did. We see no error in his analysis of the relevant legal principles nor in his extensive factual findings which were firmly rooted in the evidence. There is no basis that would permit us to intervene.

[3] In dismissing this appeal we refer to para. 74 of the sentencing judge’s reasons, where he said:

The final condition I impose is that Mr. Duscio can apply to me for early release from jail if he satisfies me that he has purged his contempt, or at a minimum, provided a complete accounting of what he has done with all of the funds and assets he has dissipated in contempt of court.

[4] Accordingly, it is within Mr. Duscio’s power to end his incarceration at any point in time by providing this complete accounting. We encourage him to do so.

[5] The appeal is dismissed. We thank Mr. Stein for his assistance as duty counsel.

"G.T. Trotter J.A.” “S. Coroza J.A.” “J. George J.A.”