Court of Appeal for Ontario
Watt, Lauwers and Pardu JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Zdzislaw Piekarski
Appellant
Tina Kaye, for the appellant
Alexander Hrybinsky, for the respondent
Heard: March 1, 2016
On appeal from the conviction entered on January 24, 2014 by Justice Nancy S. Kastner of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1The appellant challenges his conviction on the basis that the trial judge applied a different standard of scrutiny to the testimony of the complainant than she applied to the testimony of the appellant.
2As this court has said on many occasions, this is an argument that is very difficult to successfully make in this court. The standard is a stringent one and is not met in this case. We are simply not satisfied that the findings of the trial judge reflect such uneven scrutiny. The findings the trial judge made were open to her and available on the evidence adduced at trial.
3The appeal is dismissed