COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Appellant) – and – KEVIN PEARCE (Respondent)
BEFORE:
ROSENBERG, MOLDAVER and MacPHERSON JJ.A.
COUNSEL:
Thomas Galligan
for the appellant
David North
for the respondent
HEARD & ENDORSED:
December 14, 2004
On appeal from the costs order made by Justice R.N. Fournier of the Ontario Court of Justice dated March 11, 2003.
A P P E A L B O O K E N D O R S E M E N T
1We agree with the Crown’s position that Fournier J. had no jurisdiction to make the costs order. Accordingly, the appeal is allowed and the costs order set aside.