R. v. Wardle
Leave to appeal was refused because the appellant failed to demonstrate strong arguments of legal error by the Summary Conviction Appeal Court; the appellant effectively asked this court to repeat the lower court's analysis and did not press alleged errors orally, and the identified alleged errors would not justify...
Source-derived case information.
- Citation
- 2016 ONCA 640
- Parties
- Respondent: Her Majesty the Queen; Appellant: Joshua Wardle
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 23 August 2016
- Procedural Posture
- Criminal Appeal From Conviction / Application for Leave to Appeal
- Outcome
- Leave to appeal refused
- Legal Topics
- Leave to Appeal, Summary Conviction Appeal, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Joshua Wardle
Appellant
Procedural Posture
Criminal Appeal From Conviction / Application for Leave to Appeal
Legal Issues
- 1 Whether the proposed grounds of appeal have substantial merit to justify leave
- 2 Whether the Summary Conviction Appeal Court made legal errors warranting appellate intervention
Ratio Decidendi
Leave to appeal was refused because the appellant failed to demonstrate strong arguments of legal error by the Summary Conviction Appeal Court; the appellant effectively asked this court to repeat the lower court's analysis and did not press alleged errors orally, and the identified alleged errors would not justify leave.
Court Disposition
Leave to appeal refused
Orders
- Leave to appeal refused
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Wardle Collection Decisions of the Court of Appeal Date 2016-08-23 Neutral citation 2016 ONCA 640 Docket numbers C61230 Judges Doherty, David H.; van Rensburg, Katherine; Roberts, Lois B. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Wardle, 2016 ONCA 640 DATE: 20160822 DOCKET: C61230 Doherty, van Rensburg and Roberts JJ.A. BETWEEN Her Majesty the Queen Respondent and Joshua Wardle Appellant Rodney Sellar, for the appellant Rochelle Direnfeld, for the respondent Heard: August 19, 2016 On appeal from the conviction entered by Justice B. MacPhee of the Ontario Court of Justice, dated December 9, 2013. APPEAL BOOK ENDORSEMENT [1] The appellant concedes, correctly in our view, that leave to appeal can be granted in this case only if we are satisfied that the proposed grounds of appeal have substantial merit. We allowed counsel to argue the merits in full. [2] However, we are not satisfied that there are strong arguments that the Summary Conviction Appeal Court fell into legal error. In effect, counsel, in his oral submissions, invited this court to repeat the analysis performed by the Summary Conviction Appeal Court. That is not our function. [3] Counsel did identify three alleged errors in the Summary Conviction Appeal Court judge’s reasons in his factum, but did not press these in oral argument. In our view, those alleged errors would not justify leave to appeal. [4] Leave to appeal is refused.