Leave in summary conviction appeals

R. v. Price, 2010 ONCA 541 provides a helpful summary of the law regarding when leave will be granted in summary conviction matters:

 

 

The Principles Governing Leave to Appeal in Summary Conviction Appeals

 

[21]          Under s. 839(1) of the Criminal Code, leave to appeal from decisions made by judges of the summary conviction appeal court is granted sparingly. There is no one-size-fits-all standard by which to determine on which side of the leave to appeal line an application will fall.  But two variables dominate.  The first is the significance of the questions of law raised to the general administration of justice. And the second is the merits of the proposed grounds of appeal: R. v. R. (R.) (2008), 234 C.C.C. (3d) 463 (Ont. C.A.), at para. 37.

 

[22]          Under R. (R.), leave to appeal may be granted where the merits of the proposed questions of law are arguable, even though the grounds may not be strong, provided the proposed questions of law transcend the borders of the specific case and reveal some significance for the administration of justice more broadly.  Leave to appeal may also be granted where a “clear” error is apparent, despite a lack of significance to the administration of justice generally:  R. (R.)  at paras. 32 and 37.

 

[23]          In applications for leave to appeal under s. 839(1), counsel make written submissions on the leave issue in their facta and, if necessary, in oral argument.  The determination of the leave issue is made by a panel of three judges on the date on which the appeal is scheduled to be heard: R. (R.) at para. 38.