DATE: 20050210

DOCKET: C42206

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. SHARON ZAHAVY (Appellant)

BEFORE:

McMURTRY C.J.O., DOHERTY & MacFARLAND JJ.A.

COUNSEL:

S. Fattal

for the appellant

G. Choi

for the respondent

HEARD & ENDORSED:

February 10, 2005

On appeal from the judgment of Justice Gorewich dated May 27, 2004.

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

[1] In our view, there was a misapprehension of the evidence by the Justice of the Peace which materially influenced her decision to reject the appellant’s evidence.

[2] The appeal is therefore allowed and a new trial is ordered.