Court of Appeal for Ontario

Date: 2005-09-09

Docket: C43965

Re: Her Majesty the Queen (Respondent) – and – Calvin Pearson (Appellant)

Before: Weiler, Blair and LaForme JJ.A.

Counsel: Gregory Lafontaine, for the appellant Shawn Porter, for the respondent

Heard & Endorsed: September 9, 2005

Appeal Book Endorsement

[1] Mr. Pearson seeks to have the last 3 and 2/3 months remaining on his conditional sentence varied. He wishes to have the house arrest varied so that he may, in the company of his spouse, leave the house two days per week between the hours of 9:00 a.m. and 6:00 p.m. to examine job sites for purposes of his business.

[2] The sentence was fit and proper as imposed, but having regard to the fresh evidence filed, we are prepared to grant the request.

[3] Accordingly, the appeal is allowed to the extent of varying the conditional sentence by inserting a term permitting him to leave the house on Mondays and Thursdays between the hours of 9:00 a.m. and 6:00 p.m. in the company of his spouse, Joan Vyse, to examine job sites for the purpose of his business.