Court of Appeal for Ontario

Date: 2018-01-23 Docket: M48729 (C64847) Motion Judge: Feldman J.A.

Between

Her Majesty the Queen Respondent

and

Jastaap Sagoo Applicant (Appellant)

Counsel

Stephen Price, for the appellant

Jessica Smith Joy, for the respondent

Heard

January 23, 2018

Endorsement

[1] The appellant seeks bail pending appeal and a stay of the driving prohibition of six years. The sentence is six months plus two years probation.

[2] The Crown opposes on the ground that the appeal is frivolous. Counsel has raised a number of grounds including alleged misapprehensions of the evidence or failure to reconcile inconsistencies, which, in my view can be characterized as frivolous.

[3] One alleged error of law is raised that cannot, at this stage, be said to be frivolous: that is the trial judge's use of the appellant's failure to comment on the van in front of him to the 911 operator. The trial judge used that as part of his reasons for disbelieving the appellant: see R. v. Rivera 2011 ONCA 225 and R. v. Bowen 2011 O.J. 3738. Whether these cases apply is the issue raised.

[4] The Crown does not rely on either of the other grounds to oppose bail or the stay of the driving prohibition. The appellant was allowed to drive to work pending trial. Counsel has the transcripts and agrees to perfect very expeditiously.

[5] In the circumstances, bail and the stay are granted on the terms of the draft order provided.