See below for a selection of Mindy Caterina's successes:
R v Campbell, 2020 ONCA 221 - Court of Appeal overturned verdict of first degree murder
S.D. and O.C. were convicted of first degree murder. The Ontario Court of Appeal agreed that their first degree murder convictions were unreasonable and substituted verdicts of second degree murder.
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 – Court of Appeal overturned conviction of possession for the purpose of trafficking
Mr. Jiang was convicted of possessing a controlled substance for the purpose of trafficking. Mindy prepared a fresh evidence application with his appeal. The Crown conceded that the fresh evidence should be admitted and that a new trial should be ordered. The Ontario Court of Appeal agreed and overturned the conviction.
R v Moyles, 2019 SKCA 72 – Court of Appeal overturned convictions related to importing a controlled substance
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 illegally searched his house and denied him a lawyer. The Saskatchewan Court of Appeal agreed and acquitted him of all charges.
R v Bao, 2019 ONCA 458 – Court of Appeal overturned conviction of possession for the purpose of trafficking
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. While on bail awaiting trial, he was charged with failing to comply with his bail. V.L. decided to appeal his conviction and he wanted to be released from prison until his appeal was heard. Mindy knew it would be difficult to argue he should be released because he had been charged with breaching his bail in relation to the same matter. To make matters worse, V.L. was then convicted of breaching his bail. Mindy prepared an extensive and detailed bail pending appeal application to argue that V.L. should be released from prison because his appeal had merit. Even though V.L. had been convicted of breaching his previous bail, she was able to use her materials to obtain consent from the Crown prosecutor for V.L.'s release from prison.
R v D.M., 2018 (unreported) – bail pending appeal granted to client convicted of sexual assault
After D.M. was convicted of sexual assault and sexual interference, he decided to appeal. D.M. wanted to be released from prison on bail until his appeal 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., (unreported) - 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,  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.
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Mindy Caterina is a lawyer with a practice devoted to criminal, regulatory, and professional discipline matters.