CITATION: R. v. Shier, 2009 ONCA 144
DATE: 20090217
DOCKET: C48630
COURT OF APPEAL FOR ONTARIO
Feldman, MacPherson and Armstrong JJ.A.
BETWEEN:
Her Majesty the Queen
Respondent
and
Scott Shier
Applicant/Appellant
Nicholas A. Xynnis for the appellant
Greg Skerkowski for the respondent
Heard and released orally: February 10, 2009
On appeal from conviction by Justice B.G.A. MacDougall of the Superior Court of Justice dated May 23, 2007.
ENDORSEMENT
[1] Mr Xynnis rose at the opening of court today to ask for an adjournment to try to obtain fresh expert evidence. Mr. Xynnis took over the file recently from Mr. Koziebrocki who passed away in December.
[2] Without expressing any view on the admissibility of any proposed fresh evidence under the Palmer test, we will grant the adjournment because Mr. Xynnis is new on the file. The appellant is in custody serving his sentence. As Mr. Xynnis agreed, the appeal will be adjourned to a peremptory date of April 9, 2009 with the same time allotment of one hour for the appellant and 40 minutes for the respondent.
Signed: “K. Feldman J.A.”
“J.C. MacPherson J.A.”
“Robert P. Armstrong J.A.”