COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. ALLAN ELLIOTT (Appellant)
BEFORE:
DOHERTY, LASKIN and ARMSTRONG JJ.A.
COUNSEL:
James Foord
for the appellant
Philip Perlmutter
for the respondent
HEARD & ENDORSED:
December 10, 2004
On appeal from the decision of Justice Power of the summary conviction appeal court dated October 17, 2003.
A P P E A L B O O K E N D O R S E M E N T
1The Crown concedes that the trial judge and summary conviction appeal court judge erroneously relied on inadmissible hearsay in finding that the Cadillac was owned by a person known to the appellant. We agree with this concession and we agree that the error requires a new trial.
2Leave to appeal is granted. The order of Power J. is set aside, and a new trial is ordered on the two counts the appellant was convicted on.