CITATION: R. v. Tommaso-Bellizzi, 2009 ONCA 25
DATE: 20090112
DOCKET: C44495
COURT OF APPEAL FOR ONTARIO
Rosenberg, Moldaver and Borins JJ.A.
BETWEEN:
Her Majesty the Queen
Respondent
and
Venny Di Tommaso-Bellizi
Appellant
David E. Harris, for the appellant
Robert Gattrell, for the respondent
Heard and endorsed: January 9, 2009
An application for leave to appeal the decision of Justice John Jennings of the Superior Court of Justice, sitting as a summary conviction appeal judge, dated October 26, 2005, dismissing the conviction by Justice S. Gail Dobney of the Ontario Court of Justice dated May 12, 2003.
APPEAL BOOK ENDORSEMENT
[1] We have not been persuaded that this application for leave to appeal involves a question of law alone. The appeal judge made a finding of fact that even if the trial lawyer had provided effective assistance, the result would have been the same. In our view, this was a finding of fact or mixed fact and law and was a finding that was reasonably open on this record. Accordingly, leave to appeal is refused.