DATE: 20031030

DOCKET: C40175

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent/Respondent in Appeal/Responding Party) v. SEAN P. O’HARE (Applicant/Appellant/Moving Party)

BEFORE:

DOHERTY, GOUDGE and CRONK JJ.A.

COUNSEL:

William E. Naylor

for the appellant

Roger Shallow

for the respondent

HEARD & ENDORSED:

October 23, 2003

On appeal from the judgment of Justice Quinn dated April 9, 2003.

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

[1] The appellant is charged with criminal negligence causing bodily harm. He was committed to trial and his application for certiorari was dismissed.

[2] The Superior Court of Justice summarized the evidence adduced at the preliminary inquiry (page 2 of his reasons).

[3] We agree with the Superior Court judge that it cannot be said that there was no evidence upon which the preliminary inquiry justice could form the opinion that the appellant should be committed for trial.

[4] The appeal is dismissed.