DATE: 20031020

DOCKET: C38061

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – PAUL WILSON (Appellant

BEFORE:

ABELLA, FELDMAN and ARMSTRONG JJ.A.

COUNSEL:

Paul Wilson

in person

David Lepofsky

for the respondent

HEARD AND ENDORSED:

October 16, 2003

On appeal from the summary conviction of Justice H. McLean dated October 30, 2001.

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

[1] We are not satisfied that the proposed fresh evidence satisfies the Palmer threshold and the application for its introduction is therefore dismissed.

[2] There is no basis for interfering with the findings made by the appeal judge. There was a sound evidentiary foundation for his conclusions. In particular, we see no error in his endorsement of the conclusion of the trial judge that the conduct was “persistent and ongoing”, constituted harassment, and was “not trifling in nature”.

[3] The appeal is therefore dismissed.