Court of Appeal for Ontario
Citation: R. v. Jeliazov, 2012 ONCA 184 Date: 2012-03-22 Docket: C52787
Judges: Rosenberg, Armstrong and Juriansz JJ.A.
Between:
Her Majesty The Queen Respondent
and
Dimitar Jeliazov Appellant
Counsel: Philip B. Norton, for the appellant Catherine Mullaly, for the respondent
Heard and endorsed: March 19, 2012
On appeal from the conviction entered on September 23, 2010 by Justice B. Duncan of the Ontario Court of Justice, sitting without a jury.
APPEAL BOOK ENDORSEMENT
1It is apparent that the trial judge found there was no detention until the appellant was arrested. We agree with that finding. The appellant pulled into the parking spot. While he was then prevented from moving his truck, there was no evidence he was prevented from leaving the truck to do his shopping; his ostensible reason for being in the parking lot. In our view, what then occurred falls well within R. v. Suberu 2009 SCC 33 at paras. 22-31. The initial encounter prior to the arrest was of a preliminary or exploratory nature. Therefore, there was no violation of ss. 9 and 10.
2We agree with the trial judge’s reasons that there were reasonable grounds for the arrest hence that the search was lawful as an incident to arrest.
3Accordingly, the appeal is dismissed.