COURT OF APPEAL FOR ONTARIO
Moldaver, Goudge and Rouleau JJ.A.
BETWEEN:
Her Majesty The Queen
Applicant (Appellant)
and
John Phillip Topp
Respondent
Xenia Proestos, for the appellant
John Topp, in person
Heard and endorsed: November 20, 2009
On appeal against sentence imposed by Justice Deena Baltman of the Superior Court of Justice dated May 6, 2008.
APPEAL BOOK ENDORSEMENT
1While this is a close call, we think it was open to the trial judge, on the record before her and the submissions of defence counsel, to find that the respondent did not have the ability to pay the fine.
2Accordingly, the appeal is dismissed.
3At the request of the Crown, the victim surcharge in the amount of $1,600 is quashed.
