DATE: 20031223

DOCKET: C40221

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – DION NELSON (Appellant)

BEFORE:

LASKIN, GOUDGE and SIMMONS JJ.A.

COUNSEL:

Gregory Lafontaine,

for the appellant

Mary-Ellen Hurman,

for the respondent

HEARD & ENDORSED:

December 19, 2003

On appeal from the conviction imposed by Justice Arthur C. Whealy of the Superior Court of Justice, sitting with a jury, dated November 18, 1999.

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

[1] In the light of this court’s disposition of the appeal of the co-accused, this appeal is allowed, the conviction is quashed and a new trial is ordered.