I have set out the facts of this appeal in the companion case of Cobb. The appellant, James Tsioubris, was one of the several individuals accused of mail and wire fraud in a Pennsylvania indictment. His extradition in connection with those charges was sought in the same Diplomatic Note which sought the extradition of Cobb and Grossman and his extradition hearing and appeal to the Ontario Court of Appeal were joined with theirs. Although Tsioubris did not seek leave to appeal to this Court at the same time as the other two, the grounds for his appeal are essentially the same.
Consequently, for the reasons given in Cobb, I would allow the appeal, set aside the order of the Court of Appeal for Ontario and reinstate the order of Hawkins J. staying the extradition proceedings.