Court of Appeal for Ontario
BEFORE: Moldaver, Goudge and Sharpe JJ.A.
BETWEEN:
Her Majesty the Queen
Respondent
and
Elizabeth Gatenby
Appellant
COUNSEL:
Vincenzo Rondineli and Lori-Anne Thomas, for the appellant
Lucy Cecchetto, for the respondent
Heard and endorsed: November 19, 2009
On appeal from conviction by Justice C. Anne Tucker of the Superior Court of Justice, sitting with a jury, dated May 17, 2006
APPEAL BOOK ENDORSEMENT
1We agree with the trial judge that there was no air of reality on the evidence that could support a finding of manslaughter against the appellant.
2As for the ground relating to choice of counsel, it was open to the trial judge to rule as she did and we agree with both her analysis and conclusion. In our view, her reasons were exemplary.
3Accordingly, the appeal from conviction is dismissed.