Court of Appeal for Ontario

Date: 2019-01-22 Docket: C65453

Justices: Doherty, Miller and Trotter JJ.A.

Between

Her Majesty the Queen Respondent

and

Crystal Weir Appellant

Counsel

For Crystal Weir (deceased): Erin Dann and Janani Shanmuganathan

For the respondent: Karen Shai

Hearing and Lower Court Decision

Heard: January 21, 2019

On appeal from: The convictions entered on March 16, 2017 by Justice Randall W. Lalande of the Ontario Court of Justice.

Appeal Book Endorsement

[1] The appellant has died. The parties ask us to hear the appeal.

[2] They agree that the conviction represents a miscarriage of justice. Indeed the Crown precipitated this proceeding. In the circumstance, we agree that the appeal should be heard.

[3] The appeal is allowed, the conviction is set aside and an acquittal is entered.