DATE: 20041213

DOCKET: C40836

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

[1] The 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.

[2] Leave 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.