Court of Appeal for Ontario
Judges: Laskin, Pepall and Pardu JJ.A.
Between:
Her Majesty the Queen Applicant/Appellant
and
Teagan Biro Respondent
Counsel: Grace Choi, for the appellant Andrew Furgiuele, for the respondent
Heard: May 5, 2014
On appeal from the decision of the Summary Convictions Appeal Court dated November 4, 2013 by Justice M.E. Vallee of the Superior Court of Justice, allowing the appeal from the conviction entered on March 22, 2012 by Justice Robert G. Bigelow of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1We grant leave to appeal on the merits of the appeal. In our view, the trial judge correctly applied the test for the necessity defence, and made findings of fact that the defence was not made out. In overturning the trial judge, the summary conviction appeal court judge did not give deference to these findings of fact, and in effect retried the case. That was an error of law.
2Accordingly, leave to appeal is granted. The appeal is allowed and the convictions are restored.