Court File and Parties

Citation: Slovenia v. Soba, 2011 ONCA 137

Date: 2011-02-18

Docket: C52024

Court of Appeal for Ontario

Judges: Laskin, Feldman and Armstrong JJ.A.

Between:

The Republic of Slovenia and the Minister of Justice and Attorney General of Canada (Respondent)

and

Bostjan Soba (Appellant)

Counsel: John Norris and Brydie CM Bethell, for the appellant Richard A. Kramer, for the respondent

Heard: February 17, 2011

On appeal from the committal order of Justice Wailan Low of the Superior Court of Justice, dated February 17, 2009.

Appeal Book Endorsement

[1] Mr. Soba submits that the committal order ought to be set aside because the extradition judge erred in her appreciation of the discrepancies in the ROC. He relies on the decision of the British Columbia Supreme Court in Tarantino.

[2] We do not agree with this submission. This case differs significantly from Tarantino. The discrepancies in this case were minor, and were corrected in the supplementary ROC. In our view, these minor discrepancies did not taint the remaining evidence in the ROC.

[3] Moreover, as Mr. Soba concedes, there is sufficient evidence in the ROC, apart from the evidence he challenges, to justify the committal order on all the charges.

[4] Accordingly, the appeal from the committal order is dismissed.