CITATION: R. v. Eshkawkogan, 2010 ONCA 571

DATE: 20100902

DOCKET: C51681

COURT OF APPEAL FOR ONTARIO

MacFarland, LaForme and Watt JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

Jeffrey Eshkawkogan

Appellant

John Recoskie, for the appellant

Emile Carrington, for the respondent

Heard and endorsed orally: August 31, 2010

On appeal from the decision of Justice Robert G. S. Del Frate of the Superior Court of Justice, sitting as a summary conviction appeal court, dated January 14, 2010.

APPEAL BOOK ENDORSEMENT

[1] The summary conviction appeal judge found that the trial judge misapprehended certain evidence below; it was within his jurisdiction to make that finding and he committed no error in law in so doing.

[2] As this court stated in R. v. Bellaire assessing the effect of a misapprehension of evidence on a decision is typically fact specific.

[3] This case too is a fact driven one and has none of the exceptional qualities required to justify the granting of leave.

[4] Leave to appeal is refused.