COURT OF APPEAL FOR ONTARIO
Rosenberg, Moldaver and Borins JJ.A.
BETWEEN:
Her Majesty the Queen
Respondent
and
Venny Di Tommaso-Bellizi
Appellant
David E. Harris, for the appellant
Robert Gattrell, for the respondent
Heard and endorsed: January 9, 2009
An application for leave to appeal the decision of Justice John Jennings of the Superior Court of Justice, sitting as a summary conviction appeal judge, dated October 26, 2005, dismissing the conviction by Justice S. Gail Dobney of the Ontario Court of Justice dated May 12, 2003.
APPEAL BOOK ENDORSEMENT
1We have not been persuaded that this application for leave to appeal involves a question of law alone. The appeal judge made a finding of fact that even if the trial lawyer had provided effective assistance, the result would have been the same. In our view, this was a finding of fact or mixed fact and law and was a finding that was reasonably open on this record. Accordingly, leave to appeal is refused.