Court File and Parties

Court File No.: CR-25-00215-00BE Date: 2025-09-05

Superior Court of Justice - Ontario

Re: R. v. Jordan Agostino

Heard: September 4, 2025

Before: Fitzpatrick J.

Counsel:

• M. Fernandes, for the Crown
• No one Appearing for Jordan Agostino or Tiffany Gibb

Endorsement on Forfeiture Hearing

[1] On September 4, 2025, following a forfeiture hearing pursuant to section 771 of the Criminal Code I made the following orders:

a. The sum of $200,000.00 promised by Jordan Agostino in support of his recognizance of bail given on or about June 2, 2025 is forfeit to the Crown; and

b. The sum of $50,000.00 promised by Tiffany Gibb, jointly and severally with Jordan Agostino on or about June 2, 2025 is forfeit to the Crown.

[2] I indicated reasons for this decision would follow. Here are those reasons.

[3] I am satisfied that Tiffany Gibb was properly served with this forfeiture application on September 2, 2025 by registered mail further to the affidavit of service of L. Hannah sworn August 29, 2025. I am satisfied that Mr. Agostino would not have attended this proceeding or sent counsel on his behalf in any event as I find he has blatantly and knowingly breached his terms of release and is actively absconding from the justice system for reasons I will explain later.

[4] On June 2, 2025 Mr. Agostino pled guilty to three serious drugs and weapons charges in the Ontario Court of Justice at Thunder Bay. He was released on strict conditions pending sentencing. In support of his release, he pledged $200,000.00 cash on a no deposit basis. His surety was Tiffany Gibb. She in turn pledged $50,000.00 cash on a no deposit basis.

[5] A part of the terms of release, Mr. Agostino was to wear a GPS monitoring bracelet. Further, he was to reside with Ms. Gibb at either 1214-50 Graydon Hall Toronto or 409 Bloor St. E Toronto.

[6] I accept the evidence of the certificate of default signed by M.G. March J. on August 8, 2025. In that certificate, March J. found that Mr. Agostino had been charged with breaching his release order and that he had removed his GPS monitoring bracelet in order to abscond from his surety Tiffany Gibb.

[7] I find that Mr. Agostino knowingly removed his GPS monitoring bracelet on June 19, 2025. This act alone is a serious breach of his recognizance. I agree with the submission of the Crown, it can be of no greater example of a flagrant disregard for the terms of a release order. It requires that Mr. Agostino should lose the full amount of $200,000.00 pledged in respect of the release.

[8] Reid Rusonik, counsel for Mr. Agostino, a lawyer of considerable experience at the criminal bar, applied to be removed as his counsel on July 28, 2025. His grounds for removal were that he has no idea where Mr. Agostino is and has no instructions on how to proceed for the scheduled sentencing hearing on September 18, 2025. This is another reason I was not surprised no one appeared for Mr. Agostino on this hearing.

[9] I further find that Ms. Gibb has failed in her duties as surety. She never resided at 409 Bloor Street. Further, while she lived at 1214-Graydon Hall, Toronto, Mr. Agostino did not live with her there after June 2, 2025 as required in his recognizance of release. He lived with another woman against whom he allegedly committed an act of domestic violence shortly after his being released.

[10] When the act of domestic violence was reported on June 19, 2025, Ms. Gibb told police she did not know where Mr. Agostino was and could not get hold of him. This represented a serious dereliction of surety duty by Ms. Gibb. It was about two weeks after he was released and plenty of time for him to have moved in with her as required by the terms of his release. In my view, it should expose her to the full loss of the amount she pledged in support of Mr. Agostino's release. He was released following a plea of guilt to serious charges. He was no longer presumed to be innocent. Ms. Gibb undertook the role of surety in these exceptionally lenient circumstances of a release in the face of a plea to serious charges for which a significant penitentiary sentence would seem possible. This called for extra vigilance by Ms. Gibb. It was not demonstrated by her. Accordingly, she should be subject to a complete forfeiture of the amounts she pledged.

[11] I find that Mr. Agostino is to be held jointly liable with Ms. Gibb as he was compliant with the important term of residing with her at the 1214 Graydon Hall address as required. Section 771(3) makes Mr. Agostino a principal who is a now debtor to the Crown for this additional amount of $50,000.00.

The Hon. Mr. Justice F.B. Fitzpatrick

Released: September 5, 2025