La Forest J.
La Forest J. ‑‑ The majority is of the view that the appeal should be allowed for the reasons given by the dissenting judge, Brooke J.A. in the Court of Appeal (1994), 94 C.C.C. (3d) 441, 75 O.A.C. 130. The appeal is accordingly allowed, the conviction is set aside and a new trial is ordered. Gonthier J., dissenting, would have dismissed the appeal for the reasons of Arbour J.A.
Cases cited
- 94 C.C.C. (3d) 441 94 C.C.C. (3d) 441 ¶ 1