Court of Appeal for Ontario

CITATION: R. v. Wong, 2009 ONCA 430

DATE: 20090525

DOCKET: C43279

Before: Laskin, Feldman and LaForme JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

William Wong

Appellant

Counsel:

Barry A. Fox, for the appellant

Brian Puddington, for the responent

Heard: May 21, 2009

On appeal from the forfeiture order by Justice Ross Webster of the Ontario Court of Justice, dated February 23, 2005.

APPEAL BOOK ENDORSEMENT

[1] We agree with Mr. Fox that the trial judge misapprehended the evidence about the preparation of the promissory note, and that his finding the note was likely prepared after the seizure of the money, was not supported by the evidence. However, in our view, this erroneous finding does not taint the trial judge’s conclusion. The forfeiture order is otherwise amply supported by the evidence, much of it outlined at para. 39 of the Crown’s factum.

[2] Accordingly, the appeal is dismissed.