DATE: 20050714

DOCKET: C43151

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – ADRIAN JOHN ROLLO (Appellant)

BEFORE:

ROSENBERG, MACFARLAND and ROULEAU JJ.A.

COUNSEL:

Howard Cohen

for the appellant

Susan Magotiaux

for the respondent

HEARD & RELEASED ORALLY:

July 14, 2005

On appeal from the judgment of The Honourable Mr. Justice Hamilton made on February 10, 2005, upholding the conviction entered by The Honourable Madam Justice Shamai on August 4, 2004.

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

[1] We have not been persuaded that the verdict was unreasonable. There was little dispute as to what occurred. The trial judge was entitled to accept the evidence of the complainant as to the manner in which the appellant’s vehicle contacted him. On his evidence, this could amount to dangerous driving. While there was some ambiguity in a small portion of the appeal judge’s reasons, we are satisfied that any error did not affect his conclusion. The appellant has not shown any error of law.

[2] Accordingly, leave to appeal is refused.