Court of Appeal for Ontario

Citation: R. v. Ellis, 2010 ONCA 205

Date: 2010-03-17

Docket: C50810

Between:

Her Majesty the Queen, Respondent

and

Robert Ellis, Appellant

Before: Moldaver, Simmons and Lang JJ.A.

Counsel:

Robert Ellis, acting in person

Joseph Di Luca, as amicus curiae

Stacey Young, for the respondent

Heard: March 16, 2010

On appeal against the disposition order of the Ontario Review Board, dated May 21, 2009.

Appeal Book Endorsement

[1] At the hearing before the Board, appellant’s counsel did not challenge Dr. Gojer’s report. Accordingly, his report was simply filed and accepted. Although the appellant seeks to challenge the underlying basis of the report, he has not raised ineffective assistance of counsel as an argument or filed fresh evidence in a proper form. In these circumstances, we are unable to say that the Board’s decision was unreasonable.

[2] The appeal is dismissed.

[3] Nonetheless, we observe that the appellant claims to have a basis to challenge the report of Dr. Gojer and its underlying assumptions. We understand that he will have the opportunity to do so at the Board’s hearing that is scheduled two months from now.