Thursday, December 18, 2025
ADVT 
National

No Mistrial For Con Man Guilty In Romantic Partner Scam But Can Argue For Stay

Darpan News Desk The Canadian Press, 18 Oct, 2019 08:15 PM

    TORONTO - A man found guilty of defrauding his romantic partner lost his bid to have the judge declare a mistrial on Friday but will get the chance to reargue his position that charges against him should be stayed.

     

    In her ruling, Superior Court Justice Beth Allen rejected Shaun Rootenberg's mistrial arguments which alleged she showed bias against him.

     

    "Mere speculation is not sufficient," Allen said. "I retained an open mind in my deliberations."

     

    Allen had previously rejected Rootenberg's application to stay the case and found him guilty in July of defrauding Victoria Smith, a divorced mother of two, out of $595,000.

     

    Evidence during the nine-day trial that began in May was that Smith had given Rootenberg, of Thornhill, Ont., the money in September and October 2013 to invest on her behalf. Instead, Allen found, the 51-year-old had used the funds to buy himself a new BMW and pay off gambling debts, among other things.

     

    Rootenberg's lawyer Bryan Badali had previously conceded the trial itself was fair. Nevertheless, he argued the "extreme remedy" of a mistrial was justified by earlier issues, a position prosecutor Mitchell Flagg opposed. A mistrial was an "inappropriate and disproportionate remedy" in the circumstances, the Crown said.

     

    Allen agreed, saying impartiality goes to the heart of the judicial system and allegations of bias must go beyond mere suspicion. In addition, she said, a mistrial was a "remedy of last resort" and Rootenberg had failed to prove his case.

     

    At the same time, the justice agreed to allow Rootenberg to reargue his application to stay the proceedings, primarily because of how he was strip-searched during his incarceration at the Toronto South Detention Centre.

     

    "In my view, the manner in which the searches were conducted manifestly failed to adequately protect my client's privacy rights," Badali said in an email on Friday. "His rights under Section 8 of the charter were thereby violated."

     

    That section protects against unreasonable searches.

     

    Allen set aside three days at the end of November to hear the new stay application.

     

    Evidence at trial was that Rootenberg, passing himself off as Shaun Rothberg, met Smith via the e-Harmony dating site in July 2013. She fell for the divorced father of two and thought they had a future together.

     

    After a month, Smith gave him $160,000 to invest in developing an online gaming venture called Social Trivia. Soon after, she gave him $435,000 to invest in mortgages.

     

    About 18 months into the relationship, a shocked Smith discovered her love interest was Rootenberg not Rothberg, a convicted fraudster who had spent time in prison.

     

    In finding him guilty, Allen said it was clear Rootenberg had diverted funds for his own personal use.

     

    Rootenberg is also a key figure in another case in which a former medical officer of health in Sault Ste. Marie, Ont., Dr. Kim Barker, claims he preyed on her vulnerability.

    MORE National ARTICLES

    Suspect Identified, Arrest Warrant Issued For Violent Robberies At Vancouver Skytrain Stations

    An appeal to the public, by Metro Vancouver Transit Police, has led to the identity and issuing of an arrest warrant of a suspect believed to be involved in two violent robberies.  

    Suspect Identified, Arrest Warrant Issued For Violent Robberies At Vancouver Skytrain Stations

    Surrey Family Pleads For Information 1 Year After Mother Struck And Killed In Wheelchair

    Surrey RCMP’s Criminal Collision Investigation is continuing to investigate a hit and run collision that claimed the life of Sharon Mitchell, and are joined by her bereaved family in a renewed public appeal for information.  

    Surrey Family Pleads For Information 1 Year After Mother Struck And Killed In Wheelchair

    Coquitlam RCMP Looking For Missing 25-Year-Old Man Michael Segers

    The Coquitlam RCMP is asking for your help in the search for Michael Segers.    

    Coquitlam RCMP Looking For Missing 25-Year-Old Man Michael Segers

    Crown Says Boyle, Accused Of Assault, Made Up Self-serving Nude Protest Story

    Boyle, 36, has pleaded not guilty to several offences against Coleman including assault, sexual assault and unlawful confinement in the period of October to December 2017 in Ottawa.

    Crown Says Boyle, Accused Of Assault, Made Up Self-serving Nude Protest Story

    Humboldt Broncos Families Upset By Alberta Trucking Regulation Review

    EDMONTON - Several families affected by the deadly Humboldt Broncos hockey bus crash say they are upset by an Alberta review of trucking regulations.    

    Humboldt Broncos Families Upset By Alberta Trucking Regulation Review

    Quebec Premier Apologizes To First Nations, Inuit For Discrimination

    Quebec Premier Francois Legault has apologized to First Nations and Inuit peoples for long-standing discrimination in their dealings with the province.    

    Quebec Premier Apologizes To First Nations, Inuit For Discrimination