Leave to appeal from summary conviction appeal

R. v. Wylie, 2013 ONCA 673:

[2]          In R. v. R.R., 2008 ONCA 497, 238 O.A.C. 242, this court stated that leave to appeal in these circumstances depends on two factors: the merits of the proposed grounds of appeal, and the significance of the legal issues to the general administration of justice. In our view, both factors indicate that leave to appeal ought to be granted in this case.

[3]          A preliminary review of the Crown's arguments on the proposed grounds of appeal satisfies us that these arguments have considerable merit.

[4]          Moreover, when, as in this case, the respondent was convicted at trial and the SCAC ordered a new trial on grounds that appear to be problematic, the administration of justice is served by granting leave and addressing the merits. By doing so, the court potentially avoids an unnecessary and costly retrial years after the relevant events.

[5]          Taking into account our preliminary assessment of the merits and the potential advantage to the administration of justice of a consideration of the merits of the appeal, we are satisfied that this is an appropriate case in which to grant leave to appeal.