DATE: 20031007

DOCKET: C39653

COURT OF APPEAL FOR ONTARIO

RE:

TERRANCE PARKER AND JOHN TURMEL AND MARC J.J. PAQUETTE (Appellants) – and – HER MAJESTY THE QUEEN (Respondent)

BEFORE:

DOHERTY, GOUDGE AND SIMMONS JJ.A.

COUNSEL:

Terrance Parker in person

John C. Turmel in person

Marc J.J. Paquette (submissions in writing)

Croft Michaelson and Christopher Leafloor and Vanita Goela

for the respondent

HEARD:

July 30, 2003

On appeal from the decision of Justice Michel Charbonneau of the Superior Court of Justice dated February 14, 2003.

E N D O R S E M E N T

[1] Charbonneau J. was correct to dismiss these appellants’ application dated February 10, 2003. The relief sought in that application was exactly the same as the relief sought in the prior applications brought by these appellants, which were heard by Lederman J. and disposed of by him on January 9, 2003.

[2] All the issues in the February 10, 2003 application were or could have been raised before Lederman J.

[3] The appeal is dismissed.

“Doherty J.A.”

“S.T. Goudge J.A.”

“Simmons J.A.”