DATE: 20030410

DOCKET: C38767

COURT OF APPEAL FOR ONTARIO

RE:

AURORA QUARRYING LIMITED and CHARLIE LACKIE (Appellants) – and – HER MAJESTY THE QUEEN (Respondent)

BEFORE:

WEILER, LASKIN and CRONK JJ.A.

COUNSEL:

Norman A. Keith and Tina Maisonneuve,

for the appellants

Wes Wilson and Robert Sinding,

for the respondent

HEARD:

April 10, 2003

On appeal from the judgment of Justice Ian V. B. Nordheimer of the Superior Court of Justice dated August 22, 2002

A P P E A L B O O K E N D O R S E M E N T

[1] The statute recognizes that it may be desirable to have more complex cases heard by a judge. The statute does not, however, require this result. The decision as to whether or not to have a trial before a judge as opposed to a justice of the peace, therefore, becomes a matter of discretion.

[2] We see no reviewable error in the reasons of Nordheimer J. or Bishop J. The appeal is, therefore, dismissed.

[3] No costs.