R. v. Tommaso-Bellizzi
Leave to appeal was refused because the application did not raise a question of law alone and the appeal judge's finding that even effective assistance of counsel would not have changed the outcome was a permissible finding of fact or mixed fact and law that was reasonably open on the record.
Source-derived case information.
- Citation
- 2009 ONCA 25
- Parties
- Respondent: Her Majesty the Queen; Appellant: Venny Di Tommaso-Bellizzi
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 12 January 2009
- Procedural Posture
- Criminal / Application for Leave to Appeal
- Outcome
- Leave to appeal refused
- Legal Topics
- Ineffective Assistance of Counsel, Leave to Appeal, Mixed Fact and Law, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Venny Di Tommaso-Bellizzi
Appellant
Procedural Posture
Criminal / Application for Leave to Appeal
Legal Issues
- 1 Whether the application for leave to appeal raises a question of law alone
- 2 Whether the appeal judge's finding that effective counsel would not have changed the result was a permissible finding of fact or mixed fact and law
- 3 Whether leave should be granted where the core issue is mixed fact and law
Ratio Decidendi
Leave to appeal was refused because the application did not raise a question of law alone and the appeal judge's finding that even effective assistance of counsel would not have changed the outcome was a permissible finding of fact or mixed fact and law that was reasonably open on the record.
Court Disposition
Leave to appeal refused
Orders
- Leave to appeal refused
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Tommaso-Bellizzi Collection Decisions of the Court of Appeal Date 2009-01-12 Neutral citation 2009 ONCA 25 Docket numbers C44495 Judges Rosenberg, Marc; Moldaver, Michael James; Borins, Stephen Subject Criminal Decision Content CITATION: R. v. Tommaso-Bellizzi, 2009 ONCA 25 DATE: 20090112 DOCKET: C44495 COURT OF APPEAL FOR ONTARIO Rosenberg, Moldaver and Borins JJ.A. BETWEEN: Her Majesty the Queen Respondent and Venny Di Tommaso-Bellizi Appellant David E. Harris, for the appellant Robert Gattrell, for the respondent Heard and endorsed: January 9, 2009 An application for leave to appeal the decision of Justice John Jennings of the Superior Court of Justice, sitting as a summary conviction appeal judge, dated October 26, 2005, dismissing the conviction by Justice S. Gail Dobney of the Ontario Court of Justice dated May 12, 2003. APPEAL BOOK ENDORSEMENT [1] We have not been persuaded that this application for leave to appeal involves a question of law alone. The appeal judge made a finding of fact that even if the trial lawyer had provided effective assistance, the result would have been the same. In our view, this was a finding of fact or mixed fact and law and was a finding that was reasonably open on this record. Accordingly, leave to appeal is refused.