CITATION: R. v. Bellaire, 2010 ONCA 263
DATE: 20100412
DOCKET: C50667
COURT OF APPEAL FOR ONTARIO
Juriansz, Rouleau and Watt JJ.A.
BETWEEN
Her Majesty The Queen
Respondent
and
Rodney Bellaire
Applicant/Appellant
Philip B. Norton, for the appellant
Grace Choi, for the respondent
Heard and released orally: April 1, 2010
On appeal from the order of Justice Ian M. Gordon of the Superior Court of Justice dated February 11, 2009, allowing the Crown’s appeal from the judgment of Justice Michelle Rocheleau of the Ontario Court of Justice dated April 1, 2008.
ENDORSEMENT
[1] The applicant seeks leave to appeal to this court from the judgment of Gordon J. of the Superior Court of Justice allowing the Crown’s appeal from the decision of Rocheleau J. of the Ontario Court of Justice acquitting the applicant on charges of assaulting a peace officer and a related breach of recognizance.
[2] The fact that leave is required makes it clear that the applicant must demonstrate some exceptional circumstances to justify a second level appeal. The principles that the applicant submits were misapplied in this case are established principles. Their misapplication to the facts, if such be the case, does not elevate them to a matter of general importance to the administration of criminal justice.
[3] In this case, the summary conviction appeal judge identified a misapprehension of evidence that was central to the trial decision and remitted for that reason. Assessing the effect of a misapprehension of evidence on a decision is typically fact specific. The present case is no exception. As a result, we are not persuaded that the proposed appeal has any significance beyond this case itself nor are we persuaded that the appeal has sufficient merit to warrant granting leave to appeal. Leave to appeal is refused.
“R.G. Juriansz J.A.”
“Paul Rouleau J.A.”
“David Watt J.A.”