COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Applicant/Appellant) – and – ANGUS SPRACKLIN (Respondent)
BEFORE:
LABROSSE, WEILER and SHARPE JJ.A.
COUNSEL:
Philip Perlmutter
for the appellant
Gregory Lafontaine
for the respondent
HEARD & ENDORSED:
December 11, 2006
On appeal from the decision of the summary conviction appeal court dated November 10, 2005 by Justice Bonnie L. Croll of the Superior Court of Justice allowing the appeal from the conviction entered on March 3, 2005 by Justice Eric S. Lindsay of the Ontario Court of Justice.
A P P E A L B O O K E N D O R S E M E N T
1Questions of law should not be decided in the abstract. On the basis of this record, we agree with the summary conviction appeal judge that the findings are not sufficiently clear to permit us to deal with the legal question posed by the appellant.
2Leave to appeal is denied.