DATE: 20011205 DOCKET:C36312

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) - and - DENIS GEORGE BOULET (Appellant)

BEFORE:

LASKIN, ROSENBERG and MOLDAVER JJ.A.

COUNSEL:

Mr. Boulet

In person

Howard Leibovich

For the respondent

HEARD:

November 27, 2001

On appeal from conviction by the Honourable Justice C. S. Dorval dated May 1, 2001

E N D O R S E M E N T

[1] Although there are some bizarre aspects to this case, the outcome hinged on the trial judge’s assessment of credibility. After properly instructing herself in accordance with the principles set forth in R. v W.(D.) (1991), 1991 93 (SCC), 63 C.C.C. (3d) 397 (S.C.C.), the trial judge gave cogent reasons for disbelieving the appellant and accepting the evidence of the complainant. Her findings of fact are supported by the evidence and in our view, she made no legal errors in her analysis.

[2] In particular, we reject the suggestion that the trial judge used the appellant’s after-the-fact conduct as positive evidence of guilt. To the contrary, we are satisfied that she used it, permissibly, as a factor in assessing the appellant’s overall credibility.

[3] In sum, we see no basis for interfering with the convictions. Accordingly the appeal is dismissed.

Signed: “John Laskin J.A.”

“Marc Rosenberg J.A.”

“M.J. Moldaver J.A.”