R. v. Ellis
Because the appellant did not challenge the expert report at the Board hearing, did not allege ineffective assistance of counsel, and did not file fresh evidence in proper form, the Court concluded it could not say the Board's decision was unreasonable and dismissed the appeal.
Source-derived case information.
- Citation
- 2010 ONCA 205
- Parties
- Respondent: Her Majesty the Queen; Appellant: Robert Ellis; Amicus Curiae: Joseph Di Luca
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 19 March 2010
- Procedural Posture
- Criminal / Appeal Against Disposition Order of the Ontario Review Board
- Outcome
- Appeal dismissed.
- Legal Topics
- Appeal Standard of Review, Procedural Fairness, Expert Report Admissibility, Ineffective Assistance of Counsel
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Robert Ellis
Appellant
Joseph Di Luca
Amicus Curiae
Procedural Posture
Criminal / Appeal Against Disposition Order of the Ontario Review Board
Legal Issues
- 1 Whether the Ontario Review Board's disposition order dated May 21, 2009 was unreasonable
- 2 Whether the appellant can challenge an unchallenged expert report on appeal without alleging ineffective assistance of counsel or filing fresh evidence
Ratio Decidendi
Because the appellant did not challenge the expert report at the Board hearing, did not allege ineffective assistance of counsel, and did not file fresh evidence in proper form, the Court concluded it could not say the Board's decision was unreasonable and dismissed the appeal.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
- Ontario Review Board disposition order dated May 21, 2009 upheld.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Ellis Collection Decisions of the Court of Appeal Date 2010-03-19 Neutral citation 2010 ONCA 205 Docket numbers C50810 Judges Moldaver, Michael James; Simmons, Janet M.; Lang, Susan Elizabeth Subject Criminal Decision Content CITATION: R. v. Ellis, 2010 ONCA 205 DATE: 20100317 DOCKET: C50810 COURT OF APPEAL FOR ONTARIO Moldaver, Simmons and Lang JJ.A. BETWEEN Her Majesty the Queen Respondent and Robert Ellis Appellant Robert Ellis, acting in person Joseph Di Luca, as amicus curiae Stacey Young, for the respondent Heard: March 16, 2010 On appeal against the disposition order of the Ontario Review Board, dated May 21, 2009. APPEAL BOOK ENDORSEMENT [1] At the hearing before the Board, appellant’s counsel did not challenge Dr. Gojer’s report. Accordingly, his report was simply filed and accepted. Although the appellant seeks to challenge the underlying basis of the report, he has not raised ineffective assistance of counsel as an argument or filed fresh evidence in a proper form. In these circumstances, we are unable to say that the Board’s decision was unreasonable. [2] The appeal is dismissed. [3] Nonetheless, we observe that the appellant claims to have a basis to challenge the report of Dr. Gojer and its underlying assumptions. We understand that he will have the opportunity to do so at the Board’s hearing that is scheduled two months from now.