1. Case Name:
R. v. Smagin
Between
Her Majesty the Queen, and
Eugene Smagin
[2007] O.J. No. 5781
No. 65803415
Ontario Court of Justice
Trenton, Ontario
S.L. Cureatz J.P.
Heard: March 30, 2007.
Judgment: March 30, 2007.
(5 paras.)
Charges: s. 130 Highway Traffic Act - careless driving
Counsel:
Mr. R. Fairman: Provincial Prosecutor.
Mr. M. Riddell: for the defendant.
1 S.L. CUREATZ J.P.:-- The court has heard counsel representing the defendant, counsel being
Mr. Riddell pertaining these matters of 65803915 where the accused, one Eugene Smagin charged
October 7th, 2006, a careless driving charge. The court has heard from counsel for the defence, the
crown acknowledges that there was a request sent by counsel for defence on December 16th for
disclosure. Approximately two months after the certificate was laid -- well, it might have been a
little longer, but within a couple of weeks. October 12th, December 16th, by the someone goes and
is upset about it and phones a lawyer and goes to see the lawyer, the lawyer hears about the story,
Page 1

2. types up the letter, sends it, in the ordinary course of business, I think December 16th is within
range of a request. Well, now it gets more interesting. January 16th there was no response and a
letter of December the 16th the crown indicates that that was correct. There was a further request
noted by fax of the solicitor for the defendant, typed January 16th, faxed January 19th. The crown
gets it January 22nd. No response.
2 February 19th further months later defence counsel emails the crown requesting disclosure. The
crown indicated that March 6th disclosure of what he had was sent out. Representative for the
defendant acknowledges he got the disclosure March 15th. He did request that the officer's notes be
in a typed fashion. That was not responded to. The crown indicated that he can only give what he
has in his possession and he can only give it when he gets it. I agree with him.
3 Mr. Fairman, I have to tell you, the businesslike practice I am not impressed in the manner in
which counsel did ask for disclosure a number of times. It was not forthcoming. It is not your fault.
Whoever was doing the investigation I think should have responded in a more timely fashion. The
lawyer gets the disclosure on March 15th. The trial is in two weeks. Quite frankly I do not think that
adequately prepares him for trial. I am going to dismiss the matter.
4 MR. FAIRMAN: Thank you.
5 MR. RIDDELL: Thank you, Your Worship.
qp/s/qlrxg/qljxr
Page 2