Court of Appeal for Ontario

Date: 2019-07-05

Docket: M50293 (C66395)

Panel: Feldman, Hourigan and Brown JJ.A.

Between

Her Majesty the Queen Moving Party/Respondent on Appeal

and

James Jahkyn Grant Responding Party/Appellant on Appeal

Counsel

Holly Akin, for the moving party

George Singh, for the responding party

Heard: June 4, 2019

Reasons for Decision

[1] At the opening of the hearing counsel for the respondent advised that as the trial is scheduled for July 29, 2019, he is abandoning the appeal of the s. 11(b) order at this time.

[2] The Crown therefore withdraws its motion to quash.

[3] It is understood that the respondent is not precluded from raising the same issue on a future appeal after trial should there be one.

[4] The appeal is dismissed as abandoned. The motion is dismissed as abandoned.