12/13/2012 10:21 EST | Updated 02/12/2013 05:12 EST

Supreme Court won't hear racially motivated case that left victim brain damaged

OTTAWA - The Supreme Court of Canada has declined to review a racially motivated case that left a victim brain damaged.

The high court has rejected an appeal application brought by Trevor Middleton of Georgina Township, Ont., who was sentenced to two years less a day for criminal negligence causing bodily harm and aggravated assault.

Middleton's appeal argued that the judge at his trial erred by admitting hearsay evidence of racial animosity in the September 2007 incident in which he and several friends pushed two anglers from a group that included Asian-Canadians into Lake Simcoe.

The attack was similar to several other incidents reported by anglers of Asian background.

Middleton subsequently used his truck to chase and repeatedly ram a car carrying four of the anglers until it crashed into a tree.

Two of the occupants were ejected from the vehicle and one suffered permanent brain damage.