COURT OF APPEAL FOR ONTARIO
Before: Doherty, MacPherson and Cronk JJ.A.
Her Majesty the Queen
Appellant
and
Adham Abdalla
Respondent
Counsel:
Alison Wheeler, for the appellant
Richard Litkowski, for the respondent
Heard: April 10, 2013
On appeal from the acquittals entered by Justice J. Maresca of the Ontario Court of Justice, dated July 30, 2012.
APPEAL BOOK ENDORSEMENT
1The trial judge failed to call on the Crown for closing submissions. The trial judge then acquitted the respondent on two charges and convicted on the third.
2The failure to give the Crown an opportunity to be heard constituted a fundamental procedural error amounting to an error in law.
3Assuming an error like this could ever be overcome by the “curative proviso”, this is certainly not such a case. The points made by the trial judge in her reasons demonstrate various potential fertile grounds for argument.
4Given the factual connection among the charges, we think this is an appropriate case to order a new trial on all counts, including the count on which the conviction was entered: see s. 686(8).
5The appeal is allowed, acquittals and convictions set aside and a new trial is ordered on all charges.
