R. v. Peters
Because the appellant was deceased and both parties consented, the Court dismissed the appeal as abated.
Source-derived case information.
- Citation
- 2021 ONCA 121
- Parties
- Respondent: Her Majesty the Queen; Appellant: George Peters
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 24 February 2021
- Procedural Posture
- Criminal / Appeal Court of Appeal
- Outcome
- Appeal dismissed as abated
- Legal Topics
- Abatement on Death, Dismissal of Appeal, Consent of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
George Peters
Appellant
Procedural Posture
Criminal / Appeal Court of Appeal
Legal Issues
- 1 Whether a criminal appeal abates on the death of the appellant
- 2 Whether parties' consent to dismissal is sufficient to dispose of the appeal
Ratio Decidendi
Because the appellant was deceased and both parties consented, the Court dismissed the appeal as abated.
Court Disposition
Appeal dismissed as abated
Orders
- The appeal is dismissed as abated.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Peters Collection Decisions of the Court of Appeal Date 2021-02-24 Neutral citation 2021 ONCA 121 Docket numbers C66399, M52212 Judges Doherty, David H.; Watt, David; van Rensburg, Katherine Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Peters, 2021 ONCA 121 DATE: 20210224 DOCKET: M52212 (C66399) Doherty, Watt and van Rensburg JJ.A. BETWEEN Her Majesty the Queen Respondent and George Peters Appellant Paolo Giancaterino, for the appellant Samuel Greene, for the respondent Heard: In writing REASONS FOR DECISION [1] The appellant is deceased. On consent, the appeal is dismissed as abated. “Doherty J.A.” “David Watt J.A.” “K. van Rensburg J.A.”