Court of Appeal for Ontario

Date: 2019-06-21 Docket: C65365

Judges: Benotto, Miller and Trotter JJ.A.

Between

Her Majesty the Queen Respondent

and

Liam Hustler Applicant/Appellant

Counsel

Jessica Zita and Mitchell Huberman, for the appellant Candice Suter, for the respondent

Heard and released orally: June 17, 2019

On appeal from: The conviction entered on January 10, 2018 by Justice Gary Tranmer of the Superior Court, sitting without a jury.

Reasons for Decision

[1] The appellant submits that the trial judge erred by not providing himself with a Vetrovec warning with respect to the evidence of Michael Spears.

[2] We do not agree. The trial judge defined the issue at trial as "the credibility and reliability of Michael Spears" – see p. 234. He then proceeded to carefully examine the evidence and consider the confirmatory aspects as well as the frailties of the evidence. He did in effect comply with the spirit of Vetrovec. That he erred with respect to his knowledge of the bear spray does not undermine this conclusion. Further, a Vetrovec warning is discretionary and counsel agreed at trial that no Vetrovec warning was necessary.

[3] The appellant also argues that the trial judge gave uneven scrutiny to the evidence of the Crown and the defence. Again, we do not agree. The appellant is essentially requesting that this court re-weigh the evidence which is the role of the trial judge.

[4] For these reasons the appeal is dismissed.

"M.L. Benotto J.A."

"B.W. Miller J.A."

"G.T. Trotter J.A."