Court File and Parties

CITATION: R. v. Chytuk, 2009 ONCA 24

DATE: 20090112

DOCKET: C46313

COURT OF APPEAL FOR ONTARIO

Moldaver, Borins and Blair JJ.A.

BETWEEN:

Her Majesty the Queen

Appellant

and

Michael Chytuk

Respondent

Counsel:

David Friesen, for the appellant

Gregory Lafontaine, for the respondent

Heard and endorsed: January 7, 2009

An application for leave to appeal the decision of Justice Howden of the Superior Court of Justice, sitting as a summary appeal court judge, dated October 30, 2006, overturning the conviction by Justice P. Tetley of the Ontario Court of Justice dated August 4, 2005

APPEAL BOOK ENDORSEMENT

[1] We are not persuaded that this is a case in which leave should be granted. In so concluding, we have considered the very lengthy delay in having this appeal perfected and the significant prejudice the respondent has endured, over a lengthy period of time. Leave to appeal is denied.