Court of Appeal for Ontario
Before: Moldaver, Goudge and Sharpe JJ.A.
Between:
Her Majesty the Queen
Respondent
And
Bernard Musoni
Appellant
Counsel:
Bernard Musoni, in person
Alexandra Campbell, for the respondent
Heard and endorsed: November 19, 2009
On appeal from the decision of Justice Bruce Durno of the Superior Court of Justice, on a summary conviction appeal, dated March 19, 2009, upholding the conviction by Justice M. F. Khoorshed dated May 9, 2007.
APPEAL BOOK ENDORSEMENT
1We have looked at the fresh evidence and it does not add anything of substance to the case. Accordingly, we would not admit it.
2If leave to appeal is required, we would grant it.
3As to the merits of the appeal, we see no error in Justice Durno’s analysis or conclusion. In particular, we agree with his assertion that in cases of this nature, “the prudent course … would have been for the judge to hear an overview or summary of the circumstances.”
4In the circumstances here, as indicated, we are satisfied that there was a sufficient basis on which to grant the peace bond.
5Accordingly, the appeal is dismissed.
