DATE: 20041216

DOCKET: C40483

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Appellant) – and – KEVIN PEARCE (Respondent)

BEFORE:

ROSENBERG, MOLDAVER and MacPHERSON JJ.A.

COUNSEL:

Thomas Galligan

for the appellant

David North

for the respondent

HEARD & ENDORSED:

December 14, 2004

On appeal from the costs order made by Justice R.N. Fournier of the Ontario Court of Justice dated March 11, 2003.

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

[1] We agree with the Crown’s position that Fournier J. had no jurisdiction to make the costs order. Accordingly, the appeal is allowed and the costs order set aside.