R. v. Dixon
The application for leave to appeal was dismissed because the Court found no question of law and no matter of public importance was raised, and it refused to consider a ground that was raised for the first time in the supplementary Notice of Appeal.
Source-derived case information.
- Citation
- 2010 ONCA 106
- Parties
- Respondent: Her Majesty the Queen; Appellant: Gwendolyn D. Dixon
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 9 February 2010
- Procedural Posture
- Criminal / Application for Leave to Appeal to the Court of Appeal
- Outcome
- Application for leave to appeal dismissed.
- Legal Topics
- Leave to Appeal, Summary Conviction, Question of Law, Public Importance, New Issues on Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Gwendolyn D. Dixon
Appellant
Procedural Posture
Criminal / Application for Leave to Appeal to the Court of Appeal
Legal Issues
- 1 Whether a question of law was raised
- 2 Whether the appeal raised a matter of public importance
- 3 Whether a ground raised for the first time in a supplementary Notice of Appeal can be considered
Ratio Decidendi
The application for leave to appeal was dismissed because the Court found no question of law and no matter of public importance was raised, and it refused to consider a ground that was raised for the first time in the supplementary Notice of Appeal.
Court Disposition
Application for leave to appeal dismissed.
Orders
- Application for leave to appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Dixon Collection Decisions of the Court of Appeal Date 2010-02-09 Neutral citation 2010 ONCA 106 Docket numbers C50063 Judges Weiler, Karen Merle Magnuson; Gillese, Eileen E.; MacFarland, Jean Louise Subject Criminal Decision Content CITATION: R. v. Dixon, 2010 ONCA 106 DATE: 20100208 DOCKET: C50063 COURT OF APPEAL FOR ONTARIO Weiler, Gillese and MacFarland JJ.A. BETWEEN: Her Majesty the Queen Respondent and Gwendolyn D. Dixon Appellant Owen Haw, for the appellant John Patton, for the respondent Heard: February 3, 2010 On appeal from the decision of the summary conviction appeal court dated January 2, 2009 by Justice Gisele M. Miller of the Superior Court of Justice, dismissing the appeal from the conviction and sentence entered on January 29, 2008 by Justice William W. Bradley of the Ontario Court of Justice. APPEAL BOOK ENDORSEMENT [1] We would not grant leave to appeal from the judgment of the summary conviction appeal decision. We do not see that a question of law has been raised. In that regard we note that not every error of law amounts to a question of law. [2] But, in any event, we do not see this case as raising a matter of public importance. To the extent that one is raised in the supplementary Notice of Appeal, that ground is being raised for the first time. We see no reason to depart from the court’s usual practice that precludes new issues from being raised on appeal for the first time. [3] Accordingly, the application for leave to appeal is dismissed.