DATE: 2003-04-25 DOCKET: C39016

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) -and- ASIF HAFEEZ (Appellant)

BEFORE:

CATZMAN, ABELLA and MOLDAVER JJ.A.

COUNSEL:

Michael W. Lacy for the appellant

Bradley Reitz and Maria Gaspar for the respondent

HEARD:

April 25, 2003

On appeal from the decision dated October 4, 2002 of Justice George P. Smith of the Superior Court of Justice, sitting as a summary conviction appeal court judge.

APPEAL BOOK ENDORSEMENT

[1] Counsel for the Crown concedes that the summary conviction appeal court acted upon the wrong set of rules in dismissing the appellant's appeal, that the appeal to this court should be allowed and the case remitted to the summary conviction appeal court to be determined on its merits. An order will issue accordingly. For his part, counsel for the appellant does not pursue his application for costs of the appeal and no costs are awarded.