Breitwieser (Re)
The Court concluded the Ontario Review Board's disposition was supported by the evidence, the Board did not misapprehend the evidence or consider irrelevant factors, it correctly applied its legislative mandate, and its decision was reasonable and free of legal error; therefore the appeal was dismissed.
Source-derived case information.
- Citation
- 2013 ONCA 418
- Parties
- Appellant: Alf Breitwieser; Respondent: The Crown; Intervener: RMHC – St. Thomas; Amicus Curiae: Joseph Di Luca
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 20 June 2013
- Procedural Posture
- Criminal / Appeal From Disposition of the Ontario Review Board (court of Appeal)
- Outcome
- Appeal dismissed; Ontario Review Board disposition affirmed
- Legal Topics
- Appeal Standard of Review, Reasonableness, Miscarriage of Justice, Evidence Evaluation, Ontario Review Board Disposition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alf Breitwieser
Appellant
The Crown
Respondent
RMHC – St. Thomas
Intervener
Joseph Di Luca
Amicus Curiae
Procedural Posture
Criminal / Appeal From Disposition of the Ontario Review Board (court of Appeal)
Legal Issues
- 1 Whether the Ontario Review Board misapprehended the evidence
- 2 Whether the Board considered irrelevant factors
- 3 Whether the Board failed to apply its legislative mandate
Ratio Decidendi
The Court concluded the Ontario Review Board's disposition was supported by the evidence, the Board did not misapprehend the evidence or consider irrelevant factors, it correctly applied its legislative mandate, and its decision was reasonable and free of legal error; therefore the appeal was dismissed.
Court Disposition
Appeal dismissed; Ontario Review Board disposition affirmed
Orders
- Appeal dismissed.
- Disposition of the Ontario Review Board affirmed.
Full Case Text
Judgment text and source record
1 paragraphs
Breitwieser (Re) Collection Decisions of the Court of Appeal Date 2013-06-20 Neutral citation 2013 ONCA 418 Docket numbers C56527 Judges Rouleau, Paul S.; Watt, David; Epstein, Gloria Jean Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Breitwieser (Re), 2013 ONCA 418 DATE: 20130619 DOCKET: C56527 Rouleau, Watt and Epstein JJ.A. IN THE MATTER OF: ALF BREITWIESER AN APPEAL UNDER PART XX.1 OF THE CODE Joseph Di Luca, amicus curiae Mabel Lai, for the Crown Julie Zamprogna-Balles, for RMHC – St. Thomas Heard: June 13, 2013 On appeal from the disposition of the Ontario Review Board dated, January 4, 2013. APPEAL BOOK ENDORSEMENT [1] The disposition ordered by the Board was firmly rooted in the evidence adduced at the hearing. A careful examination of the reasons of the Board yields no indication that they misapprehended the evidence adduced or failed to appreciate its value and effect. The Board considered no irrelevant factors, and articulated and applied their legislative mandate to the evidence adduced on the hearing. Their decision was reasonable, untainted by legal error, and did not constitute a miscarriage of justice. [2] The appeal is dismissed.