COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. SHARON ZAHAVY (Appellant)
BEFORE:
McMURTRY C.J.O., DOHERTY & MacFARLAND JJ.A.
COUNSEL:
S. Fattal
for the appellant
G. Choi
for the respondent
HEARD & ENDORSED:
February 10, 2005
On appeal from the judgment of Justice Gorewich dated May 27, 2004.
A P P E A L B O O K E N D O R S E M E N T
1In our view, there was a misapprehension of the evidence by the Justice of the Peace which materially influenced her decision to reject the appellant’s evidence.
2The appeal is therefore allowed and a new trial is ordered.