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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