Friday, June 29, 2012

Useful abuse of process case

R. v. Talbot, 2012 ONCA 460 is a Court of Appeal endorsement that has a useful aside about abuse of process.  Basically, it suggests when someone chooses not to participate in a matter they cannot be heard later to complain about it:

[9]          The administration of justice would inevitably fall into disrepute if persons were allowed to appeal from orders made in proceedings in which those persons, despite having been given notice, made a considered decision not to participate.  The appellant has advanced no basis upon which we should exercise our discretion  and allow him to join battle with the Crown at this very late stage.

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