Court of Appeal for Ontario

Citation: R. v. Cavalier, 2010 ONCA 339

Date: 20100507

Docket: C49965

Judges: Doherty, Juriansz and Karakatsanis JJ.A.

Between:

Her Majesty the Queen Respondent

and

James A. Cavalier Appellant

Counsel: Paul Burstein, for the appellant Peter Scrutton, for the respondent

Heard: May 7, 2010 On appeal from the verdict [or finding] entered by Justice W. Horkins of the Ontario Court of Justice on January 12, 2009.

APPEAL BOOK ENDORSEMENT

[1] This is a summary conviction matter. The appeal from the finding of NCR is to the Summary Conviction Appeal Court under s. 813 (Part XXVII). We think that s. 675(3) speaks to indictable appeals like the rest of Part XXI.

[2] The appeal is quashed. The appellant was offered the opportunity of having his appeal heard by a member of this panel sitting as a justice of the Superior Court. He declined that invitation. In the face of his position, we decline to do so. The matter should be placed into the appropriate stream for hearing as a summary conviction appeal.

[3] Counsel are asked to assist the appellant in getting the necessary material filed and the appeal expedited.