DATE: 20050316

DOCKET: C40337

COURT OF APPEAL FOR ONTARIO

RE:

TONY O’DONOHUE (Applicant/Appellant) v. HER MAJESTY THE QUEEN IN RIGHT OF CANADA, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO (Respondents/Respondents in Appeal)

BEFORE:

DOHERTY, LASKIN and MACFARLAND JJ.A.

COUNSEL:

James Morton

for the appellant

Arif Virani

for the respondent Attorney General Ontario

Christine Mohr and Peter Hajecek

for the respondent Attorney General Canada

HEARD & ENDORSED:

March 11, 2005

On appeal from the judgment of Justice Paul Rouleau of the Superior Court of Justice dated June 26, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] We agree with the reasons of Rouleau J. The appeal is dismissed. In the circumstances, we are not inclined to order costs on the appeal. No costs.