Monday, April 25, 2011

Leave to appeal summary conviction matters from Superior Court to the Court of Appeal

Summary conviction matter heard before the Ontario Court of Justice are appealed to the Superior Court of Justice.  From there an appeal lies to the Court of Appeal for Ontario but only with leave.  R. v. Valovic, 2011 ONCA 320 considers the criteria for leave thusly:

 

[4]              The threshold question for the court is whether leave to appeal ought to be granted. As set out in R. v. R.(R.) (2008), 234 C.C.C. (3d) 463 (Ont. C.A.), at para. 37, leave to appeal should be granted sparingly, taking into account the significance of the legal issues raised to the general administration of criminal justice and the merits of the proposed grounds of appeal.

 

1 comment:

Anonymous said...

Does your blog have a contact page? I'm having a tough time locating it but, I'd like to shoot
you an e-mail. I've got some recommendations for your blog you might be interested in hearing. Either way, great blog and I look forward to seeing it improve over time.
Stop by my homepage :: natural hemorrhoid treatment