Court of Appeal for Ontario

CITATION: R. v. Simpson, 2016 ONCA 212

DATE: 20160315

DOCKET: C57114

Feldman, Gillese and Huscroft JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Mark Simpson

Appellant

Counsel:

Benjamin Goldman, for the appellant

Shawn Porter, for the respondent

Heard: March 11, 2016

On appeal from the order of Justice E. Libman of the Ontario Court of Justice, dated July 11, 2012, dismissing the appeal from the convictions entered by His Worship Justice of the Peace P. Kowarsky, dated August 5, 2011.

APPEAL BOOK ENDORSEMENT

[1] Leave to appeal was granted on the issue of law whether the Justice of the Peace erred in saying he was functus officio before the appellant identified himself to the trial court. On the motion for leave, evidence was tendered on behalf of the appellant (not by counsel on this appeal) that he had a defence to the charge in that he had valid insurance from BelairDirect at the time.

[2] On this appeal, the Crown has tendered fresh evidence, which we accept, that the BelairDirect insurance did not exist. As a result, the letter of insurance dated July 20, 2009 is false.

[3] In these circumstances, although we accept the Justice’s statement that he was functus officio, even if he was incorrect, under s. 120(1)(b) of the Provincial Offences Act, R.S.O. 1990,c. P.33, the appeal is dismissed as there has been no miscarriage of justice.