COURT OF APPEAL FOR ONTARIO

DATE: 20060913

DOCKET: C44222

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

[1] We 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.

[2] The appeal is dismissed.