Court of Appeal for Ontario

Date: 2018-02-02 Docket: C63486 Judges: MacFarland, Benotto and Brown JJ.A.

Between

Her Majesty the Queen Respondent

and

Matthew Halladay-Runions Appellant

Counsel

Jeffrey Langevin, for the appellant

Frank Au, for the respondent

Hearing and Appeal

Heard: February 2, 2018

On appeal from the conviction entered on September 26, 2016 and the sentence imposed on February 13, 2017 by Justice John M. Johnston of the Superior Court of Justice, sitting without a jury.

Appeal Book Endorsement

[1] The trial judge's conclusion on the identification of the appellant is amply supported by the evidence and no error is demonstrated. There is nothing in this record to support any finding of reasonable apprehension of bias on the part of the trial judge. The fact that he had acted for the appellant some six years earlier is alone – simply no basis to support any such finding.

[2] No error is demonstrated in the sentence imposed – in our view it was fit in all the circumstances and if anything it was light for a home invasion. Accordingly, the appeal is dismissed.