COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – MICHAEL JANDA (Appellant)

BEFORE:

WEILER, LASKIN and MacPHERSON JJ.A.

COUNSEL:

Michael A. Moon

for the appellant

Anya Weiler

for the respondent

HEARD & ENDORSED:

November 12, 2003

On appeal from the ruling of Justice Archie G. Campbell dated February 3, 2003.

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

[1] We agree with the reasons of Campbell J. on the first point that this was an error within jurisdiction and therefore not subject to certiorari.