The Court — As the majority judgment of the Ontario Court of Appeal points out, the trial judge did not have the benefit of this Court’s reasons in R. v. Handy, [2002] 2 S.C.R. 908, 2002 SCC 56. The Court is in agreement with the judgment of the majority of the Court of Appeal: (2003), 68 O.R. (3d) 75. The appeal is dismissed and the order for a new trial confirmed.
Cases cited
- R. v. Handy 2002 SCC 56 ¶ 1
- 68 O.R. (3d) 75 68 O.R. (3d) 75 ¶ 1