DATE: 20060908

DOCKET: C43249

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. MATTHEW M. (YO) (Appellant)

BEFORE:

DOHERTY, LASKIN and BORINS JJ.A.

COUNSEL:

Bernard Cugelman

for the appellant

Shawn Porter

for the respondent

HEARD & ENDORSED:

September 5, 2006

On appeal from the order of Justice M.P. Eberhard of the Superior Court of Justice dated February 17, 2005.

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

[1] There is no merit to the argument not pressed in oral argument, that the trial judge’s interjection during argument resulted in any unfairness.

[2] The remaining arguments seek to challenge the findings of facts made at trial. In our view, none reveal any error in law. We see no error in the dismissal of the appeal by the Summary Conviction Appeal Court.

[3] The appeal is dismissed.