Court File and Parties

COURT FILE NO.: CR-23-0235-00 DATE: 2024-03-01

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: His Majesty the King v. Kaveh Lozoomi-Garmroodi, Hikomel Gary Joiles, Stephen Richard Parr and Amy Rose-Podnar

HEARD: February 28, 2024

BEFORE: Fitzpatrick J.

COUNSEL: H. Bracken, for the Crown M. Hayworth, for Kaveh Lozoomi-Garmroodi E. Ghebrai, C. Nishio for Hikomel Gary Joiles C. Nishio as agent for S. Jeethan counsel for Amy Rose-Podnar S. R. Parr in person All accused in person

Endorsement on Trial Management Conference

[1] In addition to dealing with Mr. Lozoomi’s application to adjourn the trial on this attendance, there was a discrete additional issue concerning appointment of counsel for Mr. Parr.

[2] A senior representative of the Ontario Legal Aid plan (“LAO”) Mr. Cudjoe joined the conference. The issue was Mr. Parr’s desire to retain counsel whose base practice is in Quebec. Mr. Cudjoe confirmed Mr. Parr has been granted a certificate to retain counsel for this trial. Mr. Cudjoe explained in general terms the requirements of lawyers to be added to the LAO panel. Apparently, Mr. Parr’s current counsel of choice are not on the LAO panel. Mr. Parr advised he is continuing his search for counsel who are on the LAO panel.

[3] The Court thanks Mr. Cudjoe for his assistance.

[4] I also directed the Crown to comply with my order of December 12, 2023, to file its discreditable conduct application in respect of Mr. Lozoomi on or before the end of February 2024. I noticed subsequent to the completion of the conference this was completed on February 29, 2024.

[5] On January 15, 2024, I directed all counsel to file in the Caselines bundle entitled “Applications” for this matter, a summary of the pretrial applications they intend to bring, how long they think the individual applications will take to argue, do they require vive voce testimony and do they need to be conducted in person.

[6] It appears to date no counsel has completed that particular task save and except the Crown’s discreditable conduct application filed today. I order that these summaries be filed no later than March 29, 2024.

[7] This attendance was delayed 30 minutes because there was some miscommunication with the various correction centers where the accused are housed. This was not helpful. I appreciate at the moment two of the accused might be self represented going forward and they remain in custody.

[8] I understand the practice in other judicial regions of Ontario for serious matters is to have all parties attend substantive trial management conferences in person. I know that the majority of counsel on this file do not practice in our region. That said, in the short term I hope to see some more significant progress among counsel on more efficiently setting out exactly how the parties expect they will be spending the four weeks that have been set aside for the pretrial applications. I am very concerned those early August dates will arrive and court time will be wasted if matters are not tightened up soon.

[9] Virtual attendances are not working well on this file so far. I have been involved with five trial management conferences to date and all have had some issue with Zoom. Counsel should be aware I am considering ordering that future trial management conferences be held in person.

“originally signed by”

The Hon. Mr. Justice F.B. Fitzpatrick

DATE: March 1, 2024