Successful on behalf of the respondent, reinstating the acquittal entered at trial, which had been overturned on summary conviction appeal. Court of Appeal for Ontario ruled that the summary conviction appeal judge failed to properly apply relevant principles to a Crown appeal from an acquittal and incorrectly substituted factual findings with her own. The summary conviction appeal judge was Madam Justice O’Bonsawin, now of the Supreme Court of Canada.
Read the full case: R. v. Spicer, 2023 ONCA 232.