COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) v. RICCARDO DIGIUSEPPE (Appellant)
BEFORE: O’CONNOR A.C.J.O., MACPHERSON and GILLESE JJ.A.
COUNSEL:
W. Glen Orr, Q.C. for the appellant
Joseph Markson and Peter DeFreitas for the respondent
HEARD & ENDORSED: September 11, 2006
On appeal from the refusal to grant an Order of Prohibition of Justice R. Clark of the Superior Court of Justice dated September 23, 2005.
A P P E A L B O O K E N D O R S E M E N T
1We agree with Clark J. that the presence of McCreary J. as a trainee judge on the bench for a few hours, when viewed in the context of these lengthy proceedings, does not amount to the type of cogent evidence of an apprehension of bias required to warrant the relief sought.
2The appeal is dismissed.