DATE: 20030502

DOCKET: C38827

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) –and–

GIOVANNI HUNTER (Appellant)

BEFORE:

CHARRON, FELDMAN and SIMMONS JJ.A

COUNSEL:

David M. Midanik

for the appellant

Peter DeFreitas and Anya Weiler

for the respondent

HEARD:

May 2, 2003

On appeal from the order of Justice Thomas M. Dunn of the Superior Court of Justice dated May 23, 2002 upholding the order of Justice Peter H. Wilkie of the Ontario Court of Justice dated January 7, 2002.

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

[1] We see no error in the conclusion reached by Wilkie J. that the evidence before him supported the order for committal. Consequently, there is no basis to interfere with the order of the reviewing justice dismissing the application for certiorari.

[2] The appeal is dismissed.