Court of Appeal for Ontario
Date: 2025-04-11
Docket: C69171
Before: Janet Simmons, Gary Trotter, J. Copeland JJ.A.
Between
His Majesty the King
Respondent
and
Cody Cuthbertson
Appellant
Counsel:
Andrea VanderHeyden and Alison Shields, for the appellant
Sarah Shaikh, for the respondent
Heard and released orally: March 10, 2023
On appeal from the conviction entered on December 4, 2020 by Justice Romuald F. Kwolek of the Ontario Court of Justice.
Reasons for Decision
[1] This appeal hinges on the submission that the trial judge erred in not classifying the breach as more serious. We disagree. The trial judge’s findings on this R. v. Grant factor are entitled to deference on appeal. We see no error in his characterization of the seriousness of the breach, nor in how he weighed it in the final balancing. The appeal is dismissed.
Janet Simmons J.A.
Gary Trotter J.A.
J. Copeland J.A.