Successes

See below for a selection of Mindy Caterina's successes:

R v C.M., 2023 ONSC – extortion and criminal harassment charges withdrawn/stayed

C.M. was charged with extortion, criminal harassment, and obstruct justice.  After a detailed disclosure review, Mindy discovered weaknesses and procedural irregularities in the Crown case.  One charge was withdrawn and the others were stayed.

R v L.M, 2022 ONSC (unreported) – impaired driving and refuse demand convictions overturned

L.M. was convicted of impaired driving and refusing a breath demand.  On appeal, Mindy argued that the Crown had improperly split its case and that the trial judge misapprehended evidence and failed to provide sufficient reasons.  The Superior Court of Justice granted the appeal.

A.S. v Peel Regional Police, 2022 ONSC 127 - judicial review granted

A.S. applied for a judicial review of the police decision to release non-conviction information in his records as part of a vulnerable sector check. The Court granted his judicial review and quashed the police decision due to procedural unfairness.

Ministerial Decision to return over $150,000 of goods seized by CBSA, 2021 

The Canada Border Services Agency seized over $150,000 of goods from C.M.  Mindy successfully challenged the seizure and obtained a Ministerial Decision that the goods be returned to her client.

R v C.M., 2021 ONCJ – fraud, money laundering, and criminal organization charges withdrawn

C.M. was charged with defrauding multiple banks and laundering several millions of dollars.  On reviewing large quantities of disclosure, Mindy discovered weaknesses in the Crown's case and negotiated the withdrawal of all charges.

R v Lin, 2020 ONCA 768 - 15.5 year sentence reduced to 10 years

Mr. Lin, convicted of trafficking and producing large quantities of ketamine, was sentenced to 15.5 years.  Mindy successfully appealed his sentence to the Ontario Court of Appeal which reduced his sentence to 10 years.

R v Campbell, 2020 ONCA 221 -  first degree murder verdict overturned

S.D. and O.C. appealed their convictions of first degree murder to the Ontario Court of Appeal.  The Court agreed that their first degree murder convictions were unreasonable and substituted verdicts of second degree murder.

R v A.S., 2020 ONSC (unreported) – harassment conviction overturned and charge stayed

A.S. pleaded guilty to harassing communications.  Mindy determined A.S. should not have pleaded guilty because he had not committed the offence.  On appeal, the Crown agreed and stayed the charge after the conviction was overturned.

Insurance Fraud Investigation, 2019 - resolved matter for client, no criminal charges laid

V.J. was being investigated by an insurance company in relation to thousands of dollars of unverified health benefits claims.  Mindy negotiated with the insurance company in order to prevent the matter from being referred to law enforcement.  The matter was resolved with no criminal charges laid.

R v Jiang, 2019 ONCA 782 – conviction of possession for the purpose of trafficking overturned

Mr. Jiang appealed his convictions of possessing a controlled substance for the purpose of trafficking.  Mindy prepared a fresh evidence application for his appeal and the Crown conceded that the fresh evidence should be admitted.  The Ontario Court of Appeal considered the fresh evidence and overturned the conviction.

R v Moyles, 2019 SKCA 72 – convictions related to drug importing overturned

Mr. Moyles was convicted of offences related to unlawfully importing a controlled substance.  At his appeal, Mindy successfully argued that he should be acquitted because the police infringed his rights.  The Saskatchewan Court of Appeal agreed and acquitted him of all charges.

R v Bao, 2019 ONCA 458 – conviction of possession for the purpose of trafficking overturned

Mr. Bao was convicted of possessing a controlled substance for the purpose of trafficking.  At his appeal, Mindy argued that the trial judge’s verdict was unreasonable because it depended on a faulty eyewitness identification.  The Ontario Court of Appeal agreed and acquitted Mr. Bao.

R v V.L, 2019 (unreported) – bail pending appeal granted to convicted drug trafficker

V.L was convicted of trafficking large amounts of methamphetamine.  Mindy prepared an extensive and detailed bail pending appeal application and secured his release from prison pending the hearing of his appeal.

R v D.M., 2018 (unreported) – bail pending appeal granted to client convicted of sexual assault

D.M. wanted to be released from prison on bail until his appeal of convictions for sexual assault and sexual interference could be heard.  The Crown prosecutor opposed and argued that D.M. was not entitled to bail.  Mindy successfully argued that D.M. was entitled to bail pending appeal and he was released from prison.

R v A.P., 2016 ONCJ - withdrawal of charges of assault, forcible confinement, threaten death

A.P. was charged with assault, forcible confinement, and threaten death, after his wife made allegations about him to the police.  He came to Mindy after he had been released on a strict bail that prohibited him from seeing his children.  Mindy negotiated with the Crown to change A.P.'s bail to allow him to see his children.  She then negotiated the withdrawal of all of the charges.

N.M Davis Corporation Limited v Ross, 2016 ONSC 2422 – kept criminal disclosure from being disclosed in a civil matter

Mindy represented Mr. Ross who was being sued by a corporation which demanded that he provide them details of criminal disclosure from a related criminal matter.  Mindy kept the corporation from being provided with the majority of information and materials it sought from Mr. Ross.

R v Kotchetova, 2016 ONSC 7356 – prosecution of bankruptcy and fraud offences

As a federal prosecutor, Mindy successfully argued that statements made by the accused to an Official Receiver were admissible evidence and not statements made to a “person in authority”.

R v Mori, [2016] OJ No 2350 (not reported on CanLii) – prosecution of tax offences

Mindy represented the federal Crown in the successful prosecution of Mr. Mori for various tax offences.

Robertson Human Asset Management Inc. v M.N.R., 2014 TCC 23 – Tax Court matter

Mindy represented the Minister of National Revenue in proceedings wherein a corporation argued its employees were independent contractors (which would result in significantly lower taxes for the corporation).  After a contested hearing which included the testimony of nine witnesses, the Tax Court upheld the Minister’s position that the contractors were in fact employees.