SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: CRIMJ(P) 754/10
DATE: 20120229
RE: HER MAJESTY THE QUEEN v. MIKE LEONARD RUTIGLIANO and BARRY PIERSON
BEFORE: HILL J.
COUNSEL:
S. Fenton, E. Gottardi and L. Morgan, for the Crown
S. Hutchison, O. Wigderson and F. Shumann, for Mr. Rutigliano
J. Wilkinson, for Mr. Pierson
HEARD: February 28-9, 2012
E N D O R S E M E N T
HILL J.
[ 1 ] The Court is conducting pre-trial proceedings in this case including hearing evidence and arguments relating to the defendants’ submission that their s. 8 Charter right to be protected against unreasonable search and seizure has been violated.
[ 2 ] Relevant to the submissions before the Court, and properly producible in these proceedings, is certain documentation under the control of a third party custodian, the Toronto Dominion Bank. Legal Counsel for the Bank, I am informed, has been extremely helpful over the past two days in cooperating with counsel to minimize delay in this case through assisting in retrieval and production of materials necessary to advance the pre-trial motion currently underway.
[ 3 ] With the benefit of additional submissions today, and to provide clearer particulars, the subpoena duces tecum , an Order of the Court issued to Mary-Jane Gallienne, an employee of the Bank, is intended to include the following documentation:
The paper manual used by the Financial Investigation Unit of the TD Branch as it existed in February, 2008
The online instructions to branches in respect of processing, documenting and reporting suspected acts of, or attempts at, money laundering to the bank’s Financial Investigations Unit. If the instructions as they existed on February 11, 2008, are available they shall be produced. If they are not available with the exercise of reasonable diligence the bank shall produce to counsel the versions of the online instructions available for immediately before and after February, 2008
The Bank’s mandatory online anti-money laundering courses as they existed in February, 2008.
[ 4 ] The Court’s forward progress in this proceeding has been arrested on account of delay in securing this outstanding documentation. It is in this context, that the Court expresses its appreciation of the industry shown by Counsel for the Bank and other staff of the Bank for their ongoing assistance.
HILL J.
DATE: February 29, 2012
COURT FILE NO.: CRIMJ(P) 754/10
DATE: 20120229
SUPERIOR COURT OF JUSTICE - ONTARIO RE: HER MAJESTY THE QUEEN v. MIKE LEONARD RUTIGLIANO and BARRY PIERSON BEFORE: HILL J. COUNSEL: S. Fenton, E. Gottardi and L. Morgan, for the Crown S. Hutchison, O. Wigderson and F. Shumann, for Mr. Rutigliano J. Wilkinson, for Mr. Pierson ENDORSEMENT HILL J.
DATE: February 29, 2012