The Ontario Court of Appeal allowed the appeal of Jevgeni Klimov, who had been convicted at trial and had his summary conviction appeal dismissed, and returned the matter for a new trial. The Crown acknowledged that the appeal should be allowed. The Court agreed and ordered that the matter be returned for trial.
R. v. Klimov 2008 ONCA 84 criminal appeal conviction overturned
1. Case Name:
R. v. Klimov
Between
Her Majesty the Queen, Respondent, and
Jevgeni Klimov, Appellant
[2008] O.J. No. 413
2008 ONCA 84
Docket: C46526
Ontario Court of Appeal
Toronto, Ontario
J.I. Laskin, M. Rosenberg and H.S. LaForme JJ.A.
Heard: January 31, 2008.
Judgment: February 11, 2008.
(1 para.)
Appeal From:
On appeal from the decision of the summary conviction appeal court dated October 26, 2006 by
Justice Rick Libman of the Ontario Court of Justice, dismissing the appeal from the conviction
entered on May 6, 2005 by Justice of the Peace James V. Bubba.
Counsel:
Matthew R. Riddell as agent for the appellant.
Joseph Perfetto for the respondent.
APPEAL BOOK ENDORSEMENT
Page 1
2. The following judgment was delivered by
1 THE COURT:-- The Crown acknowledges, and we agree, that the appeal should be allowed
and the matter returned for trial. We so order.
cp/e/qlkxl/qllkb
Page 2