DATE: 20050907

DOCKET: C39272 & C40953

COURT OF APPEAL FOR ONTARIO

RE:

UNITED STATES OF AMERICA AND THE MINISTER OF JUSTICE AND ATTORNEY GENERAL OF CANADA (Respondents) – and – RUSSELL JOHN FONG (Applicant (Appellant))

BEFORE:

ROSENBERG, GOUDGE and BORINS JJ.A.

COUNSEL:

John Norris

for the appellant

Croft Michaelson and Maria Gaspar

for the respondent

HEARD:

October 22, 2004

REASONS RELEASED:

January 28, 2005

E N D O R S E M E N T

[1] In reasons released January 28, 2005, we dismissed the appellant’s appeal from committal for extradition but adjourned the application for judicial review pending an application by the appellant to reconsider the surrender decision. We have been informed that on April 19, 2005, the Minister of Justice issued an Order vacating the previous surrender order and discharging the appellant from the extradition proceedings.

[2] The parties agree that the appeal is now moot.

[3] Accordingly, the application for judicial review is dismissed.

Signed: “M. Rosenberg J.A.”

“S.T. Goudge J.A.”

“S. Borins J.A.”