CITATION: R. v. Cote, 2007 ONCA 394

DATE: 20070525

DOCKET: C45132

COURT OF APPEAL FOR ONTARIO

MCMURTRY C.J.O., O’CONNOR A.C.J.O. and DOHERTY J.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

PATRICK COTE

Applicant/Appellant

Frank Addario for the applicant/appellant

Kevin Wilson for the respondent

Heard: May 24, 2007

On appeal from the conviction entered by Justice Douglas J.A. Rutherford of the Superior Court of Justice dated October 4, 2005.

APPEAL BOOK ENDORSEMENT

[1] It is conceded that the trial judge misapprehended one part of the appellant’s evidence. That misapprehension tainted his finding that the police officer used the word “delivery” in a telephone conversation with the appellant. We are satisfied, however, that this finding was not essential to the trial judge’s ultimate conclusion that the officer had reasonable and probable grounds to arrest. Apart from the finding that the word “delivery” was used, the remainder of the trial judge’s findings provide ample support for his conclusion. Nothing in the reasons suggests that the trial judge regarded his finding that the word “delivery” was used was essential to his ultimate conclusion.

[2] The trial judge’s reasons, while brief, do permit effective appellate review.

[3] The appeal is dismissed.