Court of Appeal for Ontario
Before: Doherty, Gillese and Epstein JJ.A.
Between:
Her Majesty the Queen Respondent
and
Perry Bolianatz Appellant
Counsel: Maureen Addie for the appellant Leslie Paine for the respondent
Heard: January 15, 2008
On appeal from the disposition of the Ontario Review Board dated March 12, 2007 and the reasons for disposition dated June 1, 2007.
APPEAL BOOK ENDORSEMENT
1We see no error in the Board’s treatment of the impugned letter. It was part of the hospital’s records and was, therefore, properly before the Board. The Board was careful not to use any of the allegations in the letter as evidence of the truth of the allegations. The Board also carefully disassociated the contents of the letter from the rest of the hospital file. The Board’s decision is not unreasonable on the totality of the evidence. No doubt, at the next hearing, which is coming up, the Board will give careful consideration to the appellant’s claim that he is at least an appropriate candidate for supervised passes into the community.
2The appeal is dismissed.