Tuesday, May 14, 2013

Leave to appeal from summary conviction appeal to Court of Appeal

R. v. Bresnark, 2013 ONCA 320:

[6]          Leave to appeal to this court from a summary conviction appeal pursuant to s. 839 is granted sparingly, and only when some exceptional circumstance justifies a further appeal.

[7]          The alleged error must be a question of law. Moreover, either (1) the merits of the appeal must be at least arguable and the issue must have general significance to the administration of justice beyond the particular case, or (2) the merits of the appeal must appear very strong: see R. v. R.R. (2008), 234 C.C.C. (3d) 463 (Ont. C.A.), at paras. 31 and 37.


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