COURT OF APPEAL FOR ONTARIO
MacPherson, Blair and Epstein JJ.A.
BETWEEN:
Her Majesty the Queen
Respondent
and
Christopher John Rose
Appellant
Howard L. Krongold, for the appellant
Greg Skerkowski, for the respondent
Heard: September 28, 2009
On appeal from the conviction entered by Justice David W. Dempsey of the Ontario Court of Justice on January 14, 2009.
APPEAL BOOK ENDORSEMENT
1The parties agree that the charges giving rise to the recognizance were withdrawn. Accordingly, the appellant was not in fact bound by a recognizance on December 13, 2008, and was therefore not in breach of any court order by consuming alcohol.
2Accordingly, the appeal on the count of breach of recognizance is allowed.