The applicant moved to re-open his appeal, arguing the panel failed to consider whether the curative proviso could be applied despite an alleged error of law by the trial judge regarding the W.(D.) test.
The Crown cross-moved to quash the motion.
The Court of Appeal dismissed the motion, noting the appeal had been dealt with on the merits, the issue was not raised in the original appeal materials, and the Supreme Court of Canada had already refused leave to appeal on this issue.
