Court of Appeal for Ontario

R. v. Stewart

Date: 2001-05-03

Counsel: Philip Downes, for the Crown; Counsel for accused not disclosed.

(Court No. C32547)

Endorsement

[1] By the Court: Assuming that it was not unreasonable for the Crown to commence the application seeking to remove Mr. Montello, in our view it was clearly open to the summary conviction appeal judge to determine that it was unreasonable for the Crown to pursue it as it did.

[2] It is conceded that the s. 11(b) issue turned on this finding.

[3] Leave is granted but the appeal is dismissed.

[4] The application for costs is also dismissed.

Appeal dismissed.