Court File and Parties

CITATION: R. v. James Kenneth Frost, 2010 ONCA 494

DATE: 20100709

DOCKET: C49201

COURT OF APPEAL FOR ONTARIO

Moldaver, Simmons and Juriansz JJ.A.

BETWEEN:

Her Majesty The Queen

Respondent

And

James Kenneth Frost

Appellant

Counsel: Philip Campbell, for the appellant Kevin Wilson, for the respondent

Heard and endorsed: July 7, 2010 On appeal from conviction by Justice Nola Garton of the Superior Court of Justice dated May 15, 2007.

APPEAL BOOK ENDORSEMENT

[1] Regrettably, we are of the view that the reasons under review do not meet the test in R. v. Sheppard (2002), 2002 SCC 26, 162 C.C.C. (3d) 298 (S.C.C.). As the transcript makes clear, the trial judge was simply giving the parties her decision so as not to delay the progress of the trial, with reasons to follow. Unfortunately, no reasons have been delivered to date, more than three years after the impugned ruling. Although the Crown requested that the appeal be adjourned on the expectation that reasons would be prepared in the near future, we denied this request. It was opposed by the appellant and in view of the inordinate delay, we concluded that the appellant should be allowed to proceed with his appeal.

[2] The brief reasons before us do not lend themselves to appellate review. It is not for this court to make findings of fact that are necessary for the determination of the presenting legal issues.

[3] Accordingly, the appeal is allowed, the conviction is set aside and a new trial is ordered.