Court of Appeal for Ontario
Date: 2017-11-30 Docket: C62514
Judges: Feldman, Tulloch and Benotto JJ.A.
Between
Her Majesty the Queen Appellant
and
Jimy Salman Al Ubeidi Respondent
Counsel
Howard Piafsky, for the appellant
Evan Weber, for the respondent
Heard and Released
Heard and released orally: November 24, 2017
On appeal from the acquittal entered on July 13, 2016 by Justice Donald A. Ebbs of the Ontario Court of Justice.
Reasons for Decision
[1] This is a Crown appeal from acquittal of possession of narcotics for the purpose of trafficking.
[2] The facts of this case and the submissions of trial counsel put forth joint possession as an issue in the alternative. The trial judge confined his analysis to a consideration of exclusive possession. He did not consider the issue of joint possession. This, in our view, was an error of law requiring a new trial.
[3] Consequently, the appeal is allowed, the decision of the trial judge is set aside and a new trial is ordered.
K. Feldman J.A.
M. Tulloch J.A.
M.L. Benotto J.A.