R. v. Bolianatz
The impugned letter was properly part of the hospital record before the Board; the Board did not use the allegations as evidence of their truth, expressly disassociated the letter's contents from the rest of the file, and on the totality of the evidence the Board's decision was not unreasonable, so the appeal fails.
Source-derived case information.
- Citation
- 2008 ONCA 25
- Parties
- Respondent: Her Majesty the Queen; Appellant: Perry Bolianatz
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 17 January 2008
- Procedural Posture
- Criminal / Appeal From Ontario Review Board Disposition (march 12, 2007) and Reasons for Disposition (june 1, 2007)
- Outcome
- Appeal dismissed
- Legal Topics
- Admissibility of Hospital Records, Treatment of Allegations/hearsay, Standard of Review Reasonableness, Supervised Community Passes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Perry Bolianatz
Appellant
Procedural Posture
Criminal / Appeal From Ontario Review Board Disposition (march 12, 2007) and Reasons for Disposition (june 1, 2007)
Legal Issues
- 1 Whether the impugned letter was properly before the Ontario Review Board
- 2 Whether the Board impermissibly used the letter as evidence of the truth of its allegations
- 3 Whether the Board's decision was unreasonable on the totality of the evidence
Ratio Decidendi
The impugned letter was properly part of the hospital record before the Board; the Board did not use the allegations as evidence of their truth, expressly disassociated the letter's contents from the rest of the file, and on the totality of the evidence the Board's decision was not unreasonable, so the appeal fails.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Bolianatz Collection Decisions of the Court of Appeal Date 2008-01-17 Neutral citation 2008 ONCA 25 Docket numbers C47663 Judges Doherty, David H.; Gillese, Eileen E.; Epstein, Gloria Jean Subject Criminal Decision Content CITATION: R. v. Bolianatz, 2008 ONCA 25 DATE: 20080116 DOCKET: C47663 COURT OF APPEAL FOR ONTARIO DOHERTY, GILLESE and EPSTEIN JJ.A. BETWEEN: HER MAJESTY THE QUEEN Respondent and PERRY BOLIANATZ Appellant Maureen Addie for the appellant Leslie Paine for the respondent Heard: January 15, 2008 On appeal from the disposition of the Ontario Review Board dated March 12, 2007 and the reasons for disposition dated June 1, 2007. APPEAL BOOK ENDORSEMENT [1] We see no error in the Board’s treatment of the impugned letter. It was part of the hospital’s records and was, therefore, properly before the Board. The Board was careful not to use any of the allegations in the letter as evidence of the truth of the allegations. The Board also carefully disassociated the contents of the letter from the rest of the hospital file. The Board’s decision is not unreasonable on the totality of the evidence. No doubt, at the next hearing, which is coming up, the Board will give careful consideration to the appellant’s claim that he is at least an appropriate candidate for supervised passes into the community. [2] The appeal is dismissed.