Court of Appeal for Ontario

Date: 2019-12-13 Docket: C65158 Judges: MacPherson, Sharpe and Zarnett JJ.A.

Between

Her Majesty the Queen Respondent

and

John Atkinson Appellant

Counsel

John Atkinson, self-represented Erin Dann, duty counsel Andrew Hotke, for the respondent

Heard: December 9, 2019

Background

On appeal from the conviction and the sentence imposed on February 23, 2018 by Justice Enno Meijers of the Ontario Court of Justice.

Appeal Book Endorsement

[1] We are not persuaded that the trial judge made any reversible error in his reasons for conviction. He accepted the complainant's evidence that the appellant drove the dump truck at her only to become stuck on some rocks. He rejected the appellant's evidence that he backed the truck up to the rocks. The photographs relied on by the appellant do not demonstrate any material error that would justify this court in interfering with the conviction.

[2] Nor are we persuaded that the trial judge erred by refusing the appellant's adjournment request after sentencing submissions had been made to bring a s. 11(b) application. The appellant was represented by counsel throughout the trial and the s. 11(b) issue was raised from time to time. However, no s. 11(b) application was ever brought. It was open to the trial judge to find that the very last-minute request for an adjournment to bring a s. 11(b) application was not made bona fide but rather the product of an effort to derail the proceedings and to give the appellant time to further contest the finding supporting the conviction.

[3] Finally, we see no basis for concluding that there was any impropriety in the appointment of amicus or in the conduct of amicus.

[4] Accordingly, the appeal is dismissed.