DATE: 20061212

DOCKET: C45106

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. VASILIS MOLOS (Appellant)

BEFORE:

DOHERTY, LASKIN and ARMSTRONG JJ.A.

COUNSEL:

David E. Harris

for the appellant

R.W. Hubbard

for the respondent

HEARD & ENDORSED:

December 8, 2006

On appeal from the decision of Justice Ducharme of the Summary Conviction Appeal Court dated February 24, 2006.

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

[1] The appellant’s main ground of appeal arises out of the Summary Conviction Appeal Court judge’s alleged misapplication of the curative proviso to the trial judge’s misstatement of the legal test applicable to dangerous driving. We would agree with the appellant’s submission were we to agree that the trial judge misstated the legal test applicable to dangerous driving. In our view, the trial judge did not make any error. His reference to “the norm” considered in the context of the arguments does not suggest any departure from the correct test.

[2] There is no merit to the other grounds of appeal.

[3] Leave to appeal is granted and the appeal is dismissed.