CITATION: R. v. Gazar, 2008 ONCA 820
DATE: 20081204
DOCKET: C48227
COURT OF APPEAL FOR ONTARIO
Sharpe, Blair and Rouleau JJ.A.
BETWEEN:
Her Majesty The Queen
Respondent
and
Farid Gazar
Appellant
Marie Henein and Jordan Glick for the appellant
Benita Wassenaar for the respondent
Heard: December 2, 2008
On appeal from the judgment of Justice Frank J.C. Newbould of the Superior Court of Justice dated January 15, 2008.
APPEAL BOOK ENDORSEMENT
[1] We do not accept the submission that the summary conviction appeal judge failed to apply the appropriate level of scrutiny to the reasons of the trial judge. In his detailed reasons, the summary conviction appeal judge examined the reasons of the trial judge in conjunction with the evidence and concluded that there was evidence to support the trial judge’s analysis and findings. It was not for him to retry the case and we see no error on his part that would allow for this court to interfere with his decision to dismiss the appeal.
[2] Accordingly, the appeal is dismissed.