COURT OF APPEAL FOR ONTARIO
DOHERTY, JURIANSZ JJ.A. and KENT J. (ad hoc)
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
and
STEPHEN LEO GREGOIRE
Appellant
Peter W.S. Copeland for the appellant
Peter Scrutton for the respondent
Heard: June 9, 2008
On appeal from the decision of Justice J. Wright of the Superior Court of Justice dated July 4, 2005.
APPEAL BOOK ENDORSEMENT
1Given the position of the Crown, we will grant leave to appeal. This court has made it clear that judges who conduct pre-trials should avoid conducting the trial: see R. v. Kumar, [2005] O.J. No. 1417, para. 33. No one, however, suggests that it is per se reversible error for a pre-trial judge to preside over the trial. In our view, absent any clear objection from counsel either on the set trial date or on the trial date six months later, and in the absence of any prejudice, we do not accept the contention that the judge’s decision to seize herself with the trial constituted an error in law.
2We have considered the other arguments advanced by the appellant. The trial judge found that the appellant followed the complainant’s vehicle in his vehicle, made threatening gestures toward her and “rammed” into her vehicle at the intersection. These findings were open and fully warrant conviction.
3The appeal is dismissed.