APPLICATIONS FOR LEAVE TO APPEAL DISMISSED

37789

Nicky Fortunato v. Her Majesty the Queen

(Ont.)

Criminal Law —Elements of offence

During a two day period, Mr. Fortunato cashed two bank drafts totalling $847,000 at two Ontario casinos. Mr. Fortunato was arrested and pleaded not guilty to two counts of fraud over $5,000 and two counts of uttering a forged document. At trial, Mr. Fortunato did not testify, relying instead on his statements to police, which were tendered as part of the Crown’s case. In his statements to police, Mr. Fortunato claimed to have received the drafts from a gambler he knew only as “Pasquale” as partial repayment of a loan. At trial, Mr. Fortunato conceded that the bank drafts were stolen, but claimed that he did not know this at the time he cashed them. The trial judge convicted Mr. Fortunato of two counts of fraud over $5,000 and two counts of uttering a forged document. The appeal was dismissed.

37517

Gustavo Gonzalez v. Person in Charge of Waypoint Centre for Mental Health Care

(Ont.)

Criminal law

Mr. Gonzalez was charged with attempted murder and found not criminally responsible on account of mental disorder. He has been detained at Waypoint Centre for Mental Health Care, a maximum security forensic psychiatric facility, since 2006. In 2016, on an annual review of his continued detention, the Ontario Review Board ordered that he remain detained. Mr. Gonzalez appealed. The Court of Appeal found a treatment impasse and ordered the Review Board to order an independent assessment of Mr. Gonzalez. On May 29, 2017, the Review Board ordered an independent assessment at another hospital. On August 1, 2017, the Review Board issued a disposition clarifying that Mr. Gonzalez’s transfer to another hospital for assessment should only take place with his cooperation.

 

37645

Canadian National Railway Company v. Emerson Milling Inc., Canadian Transportation Agency

(FC)

Transportation law — Railways — Regulation

The respondent Emerson Milling Inc. shipped grain on the applicant Canadian National Railway Company (CN)’s rail network. Emerson’s facility did not connect to any portion of the network but was located eight kilometers from the track, known as RD-47. For 25 years, Emerson had moved its shipments from its facility to the RD-47 track and CN accepted the shipments there without any formal agreement about the use of RD-47. In March 2013, the parties entered into a temporary licence agreement for the use of RD-47. The agreement was to expire in 2015. When a new agreement was not reached, Emerson filed an application with the Canadian Transportation Agency (CTA) complaining that CN refused to provide it with service after 2015. Emerson alleged that the refusal to provide adequate and suitable accommodation for the receiving and loading of Emerson’s traffic at the expiry of the temporary licence agreement was a breach of CN’s level of service obligations under the Canada Transportation Act, S.C. 1996, c. 10. In three separate but related decisions, the CTA identified four points of stopping at which a level of service obligation could be owed to Emerson. The CTA found that accommodation could reasonably be provided at two of the four points of stopping and that CN had breached its level of service obligations by refusing to load Emerson’s traffic at those points. The Federal Court of Appeal consolidated CN’s three appeals against the CTA’s three decisions, and eventually it dismissed the appeals.