COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Adamson, 2008 ONCA 364

DATE: 20080507

DOCKET: C46878

DOHERTY, ROULEAU and WATT JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

JIM ADAMSON

Applicant/Appellant

Counsel:

Peter Lindsay for the appellant

Peter Scrutton for the respondent

Heard: May 6, 2008

On appeal from the decision of Justice E.B. Minden of the Superior Court of Justice dated February 27, 2007.

APPEAL BOOK ENDORSEMENT

[1] We see no error of law in the reasons of the Summary Conviction Appeal Court judge. His reasons fully explain the basis upon which the appeal was dismissed. There are no material misapprehensions of evidence. At its highest, the Summary Conviction Appeal Court judge made one inconsequential factual error.

[2] The failure of the Summary Conviction Appeal Court judge to advert to what are described as “crucial” fact based arguments is not an error of law, especially in the absence of any evidence that the issues were raised at the Summary Conviction Appeal Court.

[3] There was ample evidence to support the conviction. The argument that the verdict was unreasonable cannot succeed. Leave to appeal is granted and the appeal is dismissed.