DATE: 20030922

DOCKET: C36541

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – FELIX SMOLYAR (Appellant)

BEFORE:

BORINS, MACPHERSON and CRONK JJ.A.

COUNSEL:

Gregory Lafontaine

for the appellant

Mary Ellen Hurman

for the respondent

HEARD:

September 16, 2003

S U P P L E M E N T A R Y E N D O R S E M E N T

[1] Following the release of our endorsement of September 16, 2003, counsel asked that we address the status of the $218,000 restitution order that was part of the sentence at trial.

[2] Although the appeal was allowed with respect to the custodial sentence, the restitution order continues in force.

"S. Borins J.A."

"J. C. MacPherson J.A."

"E. A. Cronk J.A."