Court of Appeal for Ontario

CITATION: R. v. Piekarski, 2016 ONCA 183

DATE: 20160302

DOCKET: C58604

Watt, Lauwers and Pardu JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Zdzislaw Piekarski

Appellant

Tina Kaye, for the appellant

Alexander Hrybinsky, for the respondent

Heard: March 1, 2016

On appeal from the conviction entered on January 24, 2014 by Justice Nancy S. Kastner of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] The appellant challenges his conviction on the basis that the trial judge applied a different standard of scrutiny to the testimony of the complainant than she applied to the testimony of the appellant.

[2] As this court has said on many occasions, this is an argument that is very difficult to successfully make in this court. The standard is a stringent one and is not met in this case. We are simply not satisfied that the findings of the trial judge reflect such uneven scrutiny. The findings the trial judge made were open to her and available on the evidence adduced at trial.

[3] The appeal is dismissed