R. v. Hisson, 2010 ONCA 852

CITATION: R. v. Hisson, 2010 ONCA 852

DATE: 2010-12-15

DOCKET: C44670

COURT OF APPEAL FOR ONTARIO

MacPherson, Simmons and Gillese JJ.A.

BETWEEN:

Her Majesty The Queen

Respondent

And

David Hisson

Appellant

Counsel:

Jill Presser, as duty counsel for the appellant David Hisson, in person

Frank Au, for the respondent

Heard: December 13, 2010

ENDORSEMENT

[1] Leave to appeal from the summary conviction appeal court is denied.

[2] With the assistance of duty counsel, the appellant relies on the merits of the proposed appeal to support his request for leave. He points to an alleged Harper error (R. v. Harper, 1982 CanLII 11 (SCC), [1982] 1 S.C.R. 2) by the trial judge and claims the summary conviction appeal court judge erred by failing to consider it.

[3] We reject this submission. We are not persuaded there was a compelling basis for concluding the appellant's daughter was present at relevant times. At best, the appellant relies on the evidence of a witness who gave evidence of a prior inconsistent statement by the complainant to attempt to establish the likelihood the appellant's daughter was present on a relevant occasion. However, the appellant and the complainant agreed the appellant's daughter was not present on the occasions that formed the subject matter of the charges. Moreover, unlike his daughter, the appellant acknowledged touching on other occasions but denied their sexual context.

[4] The trial judge explained the basis on which he found the appellant guilty. The fact that the trial judge did not review every piece of evidence that might have pointed to a different conclusion does not constitute reversible error.

Signed: "J. C. MacPherson J.A." "Janet Simmons J.A." "E.E. Gillese J.A."