DATE: 20011031 DOCKET: C32304

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) –and– DAVID JOSEPH FRANDSEN (Appellant)

BEFORE:

FINLAYSON, AUSTIN and SHARPE JJ.A.

COUNSEL:

Brian W. Abrams, for the appellant

Benita Wassenaar, for the respondent

HEARD:

October 25, 2001

RELEASED ORALLY:

October 25, 2001

On appeal from the order of Justice John D. O’Flynn dismissing a summary conviction appeal from the conviction imposed by Justice J. Peter Coulson dated October 23, 1998.

E N D O R S E M E N T

[1] This is an appeal with leave from the decision of the summary conviction appeal court judge and is restricted to a question of law. The judge in appeal stated at the end of his analysis of the trial judge’s reasons:

Although I may have reached a different conclusion on the evidence than that arrived at by the trial judge it must be borne in mind that he had the advantage of seeing and hearing the various witnesses.

Reviewing the evidence and an analysis of the relevant issues does not lead me to conclude that the trial judge’s conclusion was unreasonable, nor that it could not be supported by the evidence.

[2] We agree with the submissions of the respondent that, in so finding, there was no error on the part of the summary conviction appeal court judge.

[3] Accordingly, leave to appeal is granted but the appeal is dismissed.

Signed: “G.D. Finlayson J.A.”

“Austin J.A.”

“Robert J. Sharpe J.A.”