COURT OF APPEAL FOR ONTARIO
MCMURTRY C.J.O., O’CONNOR A.C.J.O. and DOHERTY J.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
PATRICK COTE
Applicant/Appellant
Frank Addario for the applicant/appellant
Kevin Wilson for the respondent
Heard: May 24, 2007
On appeal from the conviction entered by Justice Douglas J.A. Rutherford of the Superior Court of Justice dated October 4, 2005.
APPEAL BOOK ENDORSEMENT
1It is conceded that the trial judge misapprehended one part of the appellant’s evidence. That misapprehension tainted his finding that the police officer used the word “delivery” in a telephone conversation with the appellant. We are satisfied, however, that this finding was not essential to the trial judge’s ultimate conclusion that the officer had reasonable and probable grounds to arrest. Apart from the finding that the word “delivery” was used, the remainder of the trial judge’s findings provide ample support for his conclusion. Nothing in the reasons suggests that the trial judge regarded his finding that the word “delivery” was used was essential to his ultimate conclusion.
2The trial judge’s reasons, while brief, do permit effective appellate review.
3The appeal is dismissed.
