



COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Ebagua, 2017 ONCA 706

DATE: 20170911

DOCKET: 59830

MacPherson, Rouleau and Miller JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Junior Ebagua

Appellant

Anthony Moustacalis, for the appellant

N. Devlin, for the respondent

Heard: September 8, 2017

On appeal from the conviction entered on December 11,
    2014 by Justice Leslie Baldwin of the Ontario Court of Justice, sitting without
    a jury.

APPEAL BOOK ENDORSEMENT

[1]

We have reviewed the record and agree with the appellants submission
    that the ineffective assistance of counsel in this case shows that the validity
    of the verdict is undermined and the procedures at trial were unfair resulting
    in a miscarriage of justice. The Crown concedes that the appeal should be
    allowed on this basis.

[2]

As a result the appeal is allowed, the conviction set aside and a new
    trial ordered.


