DATE: 20010406

DOCKET: C35025

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) - and - ALBERT MORATTO (Appellant)

BEFORE: MOLDAVER, MacPHERSON and SIMMONS JJ.A.

COUNSEL: Michael A. Moon, For the appellant Phillip A. Perlmutter, For the respondent

HEARD: April 3, 2001

E N D O R S E M E N T

Released Orally April 3, 2001

[1] Without deciding whether a material defect on the face of a certificate could render the certificate inadmissible, we are of the view that in this case, the discrepancy regarding the date on which the certificate was prepared was immaterial. Accordingly there was no basis for refusing to admit the certificate and to the extent the trial judge ruled otherwise, he was in error.

[2] We are also of the view that the trial judge erred in concluding that the aforementioned discrepancy could constitute evidence to the contrary. In particular, having regard to the whole of the evidence, it was not open to the trial judge to use this discrepancy to call into question the reliability of the material aspects of the certificate. Accordingly, leave to appeal is granted but the appeal is dismissed.

Signed: M.J. Moldaver J.A. J.C. MacPherson J.A. J. Simmons J.A.