COURT OF APPEAL FOR ONTARIO
O’CONNOR A.C.J.O., LASKIN and ROULEAU JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Applicant (Appellant)
and
TRUNG KIEN TRAN
Respondent
Deborah Krick for the applicant/appellant
Martin Kerbel, Q.C. for the respondent
Heard: June 19, 2008
On appeal from the decision of Justice R. Boyko of the Superior Court of Justice dated October 29, 2007.
APPEAL BOOK ENDORSEMENT
1The appeal is allowed. The summary conviction appeal judge erred in law in concluding that the evidence of Dr. Cheung should not have been admitted.
2The evidence was admitted on consent at trial. Moreover, Dr. Cheung was qualified to express an opinion as an expert on traditional Chinese medicine. He had training in the area and had knowledge of the relevant principles.
3We are satisfied that the record, with the inclusion of Dr. Cheung’s evidence, supports the conviction.
4The appeal is allowed and the conviction is restored.