Thursday, March 4, 2010

Leave applications and delay in perfection

Sometimes an aside in a Court of Appeal decision can be helpful.  In R. v. Davis-Harriot, 2010 ONCA 161, released today, the Court makes a comment about leave to appeal applications that may be useful where opposing such applications, especially where the party seeking leave has not moved promptly.  The Court writes:

We are prepared to grant leave to appeal.  However, we would observe that delays in perfecting a leave application may well justify a     refusal of leave to appeal.

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