Court of Appeal for Ontario

Citation: R. v. Bolianatz, 2008 ONCA 25

Date: 2008-01-16

Docket: C47663

Before: Doherty, Gillese and Epstein JJ.A.

Between:

Her Majesty the Queen Respondent

and

Perry Bolianatz Appellant

Counsel: Maureen Addie for the appellant Leslie Paine for the respondent

Heard: January 15, 2008

On appeal from the disposition of the Ontario Review Board dated March 12, 2007 and the reasons for disposition dated June 1, 2007.

APPEAL BOOK ENDORSEMENT

[1] We see no error in the Board’s treatment of the impugned letter. It was part of the hospital’s records and was, therefore, properly before the Board. The Board was careful not to use any of the allegations in the letter as evidence of the truth of the allegations. The Board also carefully disassociated the contents of the letter from the rest of the hospital file. The Board’s decision is not unreasonable on the totality of the evidence. No doubt, at the next hearing, which is coming up, the Board will give careful consideration to the appellant’s claim that he is at least an appropriate candidate for supervised passes into the community.

[2] The appeal is dismissed.