Court of Appeal for Ontario

Citation: R. v. Nguyen, 2010 ONCA 800

Date: 2010-11-29

Docket: C49006 M38591

Before: Winkler C.J.O., Sharpe and Karakatsanis JJ.A.

Between:

Her Majesty the Queen Respondent (Respondent in Appeal)

and

Tania Thao Nguyen Applicant (Appellant)

Counsel: Ira E. Book, for the appellant Bradley Reitz and Lucas Price, for the respondent Crown

Heard and released orally: November 24, 2010

On appeal from the order of Justice T.D. Little of the Superior Court of Justice dated May 26, 2008, dismissing her application from the forfeiture order made by Justice Pockele of the Ontario Court of Justice dated June 14, 2006.

ENDORSEMENT

[1] Given the Crown’s previous agreement that it would not argue estoppel, and its concession that the application judge erred in failing to address the matter on the merits, it is clearly not appropriate to apply the proviso. Furthermore, the Crown fairly concedes that there is no prejudice to the Crown to have this matter returned to be dealt with on the merits.

[2] The appeal is allowed. The order is set aside and the matter is remitted back to the Superior Court of Justice.

[3] The motion is therefore moot and is accordingly dismissed.

"Winkler C.J.O."

"Robert J. Sharpe J.A."

"Karakatsanis J.A."