DATE: 20020618 DOCKET: C36149

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – ELSAYEED KANDIL (Appellant)

BEFORE:

CATZMAN, WEILER AND FELDMAN JJ.A.

COUNSEL:

Graham T. Clark

For the appellant

Susan Magotiaux

For the respondent

HEARD:

June 13, 2002

RELEASED ORALLY:

June 13, 2002

On appeal from the conviction imposed by Justice William Bassel dated March 9, 1999.

E N D O R S E M E N T

[1] [1] At the opening of the appeal, counsel abandoned the ground regarding the failure to segregate the evidence as related to the different counts. Counsel proceeded with the ground that the trial judge, having rejected the appellant’s evidence completely, failed to fully assess and reconcile the evidence of the police officers in applying the third step of W.D. and in so doing concluded that the appellant’s evidence did not raise a reasonable doubt.

[2] [2] The trial judge gave full reasons wherein he specifically dealt with his obligation to apply W.D. and articulated how he did apply it. Although he did not in detail review and reconcile the evidence of the officers on the dangerous driving charge, his reasons make it clear that he considered all of the evidence and accepted the evidence of Detective Clifford as honest. He went on to make findings of fact based on that evidence and clearly found it reliable as well.

[3] [3] The trial judge’s reasons disclose no error. The appeal is therefore dismissed.

Signed: "M.A. Catzman J.A."

"K. M. Weiler J.A."

"K. Feldman J.A."