Court of Appeal for Ontario

Citation: R. v. Ghadban, 2008 ONCA 811

Date: 20081202

Docket: C44915

Judges: Goudge, MacFarland and Watt JJ.A.

Between:

Her Majesty the Queen

Respondent

and

Fadi Ghadban

Appellant

Counsel:

Diane Condo for the appellant

Andrew Cappell for the respondent

Heard and endorsed: November 26, 2008

On appeal from the conviction entered by Justice Dianne Nicholas of the Ontario Court of Justice dated October 25, 2005 and from the sentence imposed by Justice Nicholas dated February 16, 2006.

APPEAL BOOK ENDORSEMENT

[1] In our view the trial judge was entitled to exercise her discretion to deny the appellant’s adjournment request. He had had a number of months to retain counsel. The trial date was fixed and was not to be adjourned. And in any event, the appellant obtained representation by the third day of trial. This ground of appeal fails.

[2] The trial judge was able to observe the change in the appellant’s demeanor following her denial of the adjournment and it was open to her to act on her observations in proceeding. She did not exhibit an apprehension of bias, in doing so, and clearly understood the need for impartiality required of her at trial.

[3] While the appellant was self represented for the first two days, we have been pointed to nothing, that the trial judge did or failed to do in giving guidance to the appellant that in our view prejudiced him.

[4] The appellant claims ineffective assistance of counsel. Given the conflicting fresh evidence he has not established that his counsel prevented him from testifying. As to failure to object to hearsay, late disclosure bad character evidence and leading questions, we cannot see that any prejudice to the appellant resulted. Nor did counsel’s unsuccessful attempt to use the late discovered tape to do so.

[5] Finally in our view the sentence reflects no error in principle nor is it unfit in all the circumstances.

[6] The appeal must be dismissed.