Leave to appeal from summary conviction appeal court

R. v. Leung, 2010 ONCA 368 reported online today, sets out the test for leave to appeal from decisions of the summary conviction appeal court:

"... leave to appeal from decisions of the summary conviction appeal court should be granted sparingly.  Although no single test can be formulated to identify all cases in which leave to appeal should be granted, two factors serve as guides to the exercise of our discretion to grant leave:

i.          the significance of the proposed question of law, beyond the specific case, to the general administration of justice; and

ii.         the merits of the proposed ground of appeal."
James Morton
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