Ontario criminal | Procedure
Procedure
Appeal had no practical consequences for estate of accused
Accused was convicted of speeding. Accused died after leave to appeal was granted. Motion was made for order substituting personal representative or other person as appellant for deceased on appeal from conviction. Appeal abated and judgement below stayed. Assuming, without deciding, that court had jurisdiction, it was declined. Appeal concerned traffic ticket carrying fine of $95. Appeal had no practical consequences for estate of accused. Issue was not evasive of judicial review, given vast number of traffic tickets issued annually in province. Appeal involved interpretation of form prescribed by regulation. Decision in this matter would have province-wide implications for validity of convictions under Part I of Provincial Offences Act (Ont.). Without better factual record it would not be in interests of justice to hear appeal.
R. v. Hicks (Apr. 21, 2016, Ont. C.A., G.R. Strathy C.J.O., E.E. Gillese J.A., and G. Pardu J.A., CA M45895 (C59588)) 129 W.C.B. (2d) 531.
Appeal had no practical consequences for estate of accused
Accused was convicted of speeding. Accused died after leave to appeal was granted. Motion was made for order substituting personal representative or other person as appellant for deceased on appeal from conviction. Appeal abated and judgement below stayed. Assuming, without deciding, that court had jurisdiction, it was declined. Appeal concerned traffic ticket carrying fine of $95. Appeal had no practical consequences for estate of accused. Issue was not evasive of judicial review, given vast number of traffic tickets issued annually in province. Appeal involved interpretation of form prescribed by regulation. Decision in this matter would have province-wide implications for validity of convictions under Part I of Provincial Offences Act (Ont.). Without better factual record it would not be in interests of justice to hear appeal.
R. v. Hicks (Apr. 21, 2016, Ont. C.A., G.R. Strathy C.J.O., E.E. Gillese J.A., and G. Pardu J.A., CA M45895 (C59588)) 129 W.C.B. (2d) 531.
