DATE: 20061127

DOCKET: C44553

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. PHILLIP WEDDEL (Applicant)

BEFORE:

LABROSSE, DOHERTY and BLAIR JJ.A.

COUNSEL:

Leo Adler

for the appellant

James V. Palangio

for the respondent

HEARD & ENDORSED:

November 24, 2006

On appeal from the committal for trial ordered by Justice L. Chester of the Ontario Court of Justice dated February 11, 2005 and the dismissal of the certiorari application to quash the committal made by Justice B.A. Glass of the Superior Court of Justice dated November 21, 2005.

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

[1] There was ample evidence that the appellant and his co-accused were engaged in a joint venture to cultivate and traffic in marijuana and to possess and use the firearms in issue in furtherance of that joint enterprise. There was a evidentiary basis upon which the reviewing justice could conclude that the committing justice properly held that there was sufficient evidence to commit the appellant for trial on the counts in issue.

[2] The appeal is dismissed.