DATE: 20040415

DOCKET: C40118

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – PETER CURRIE (Appellant)

BEFORE:

ROSENBERG, BORINS and FELDMAN JJ.A.

COUNSEL:

Howard C. Rubel

for the appellant

Scott Hutchison

for the respondent

HEARD & ENDORSED:

April 13, 2004

On appeal from the decision of Justice Robert N. Weekes of the Superior Court of Justice on a summary conviction appeal dated May 9, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] We agree with Weekes J. that the information to obtain was sufficient. The information disclosed that an anonymous informant had seen this vehicle being driven erratically. Five minutes later, the appellant’s vehicle was involved in an unexplained single car accident. The information disclosed that the appellant had consumed a large quantity of alcohol 1.5 hours before the accident. There was also some evidence of a smell of alcohol on the appellant. Given the totality of circumstances the justice of the peace could have issued the warrant. Therefore, Weekes J. was correct in allowing the Crown appeal and ordering a new trial.

[2] Accordingly, the appeal is dismissed.