CITATION: R. v. Baird, 2009 ONCA 287

DATE: 20090406

DOCKET: C49537

COURT OF APPEAL FOR ONTARIO

Moldaver, Blair and MacFarland JJ.A.

BETWEEN:

Her Majesty the Queen

Appellant

and

Joanne Baird

Respondent

Joan Barrett and Michele Campbell for the appellant

David E. Harris for the respondent

Heard and endorsed: April 3, 2009

On appeal from the decision of Justice B. Wein of the Superior Court of Justice, sitting as a Summary Conviction Appeal Judge, dated September 25, 2008, upholding the respondent’s acquittal by Justice K.L. Hawke of the Ontario Court of Justice, dated April 26, 2007.

APPEAL BOOK ENDORSEMENT

[1] The question of whether the presumption was rebutted is one of mixed fact and law. Based on the trial judge’s findings of fact, we are not persuaded that the appeal raises a pure question of law.

[2] Accordingly, leave to appeal is denied.