The Chief Justice — A majority of the Court would dismiss the appeal substantially for the reasons of Rowbotham J.A. They would simply add that when the evidence of the buy officer and the surveillance officer is considered in conjunction with the concession of defence counsel that the person arrested on July 27, 2015, was the appellant, there was sufficient admissible evidence supporting the trial judge’s conclusion that the appellant and the suspect were one and the same.
Justice Brown would have allowed the appeal substantially for the reasons of Veldhuis J.A. and would have ordered a new trial.