R. v. Maxwell, 2007 ONCA 834

CITATION: R. v. Maxwell, 2007 ONCA 834

DATE: 20071203

DOCKET: C48016

COURT OF APPEAL FOR ONTARIO

ROSENBERG, LANG and ROULEAU JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

ALLAN MAXWELL

Appellant

Counsel:

David M. Mayzel for the appellant

Geoffrey T. Uyeno for the respondent the City of Toronto

James V. Palangio for the respondent Crown

Heard and endorsed: November 30, 2007

On appeal from the decision of Justice June Maresca of the Provincial Offences Appeal Court, dated May 31, 2007, dismissing the appeal from conviction by Justice of the Peace Frederick dated December 22, 2005.

APPEAL BOOK ENDORSEMENT

[1] On consent, the appeal is allowed, the order of Maresca J. is set aside and the careless driving appeal is remitted to the Provincial Offences Appeal Court to be heard with the "no clear view" appeal.