COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. JOHN KLEEFISCH (Appellant)
BEFORE:
DOHERTY, SHARPE and LANG JJ.A.
COUNSEL:
Richard Posner
for the appellant
Randy Schwartz
for respondent
HEARD & ENDORSED:
December 9, 2005
On appeal from the ruling of Justice Low of the Superior Court of Justice dated April 10, 2003.
A P P E A L B O O K E N D O R S E M E N T
1It is acknowledged by the appellant that the trial judge erred in law in directing an acquittal based on the Crown’s failure to adduce evidence of arrest.
2The Summary Conviction Appeal Court held that the error warranted a new trial. Counsel for the appellant argues that the evidence at trial could not justify a conviction and that despite the error at trial, the Summary Conviction Appeal Court should have dismissed the appeal.
3We are satisfied that the officer’s evidence could support a conviction on the charge (care and control). The Summary Conviction Appeal Court properly ordered a new trial.
4Leave to appeal is granted and the appeal is dismissed.