R. v. Ebagua
The court allowed the appeal on the Crown's consent and ordered a new trial in the Ontario Court of Justice, directing the appellant to attend to set a trial date.
Source-derived case information.
- Citation
- 2018 ONCA 898
- Parties
- Respondent: Her Majesty the Queen Ex Rel. City of Toronto; Appellant: Junior Ebagua
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 13 November 2018
- Procedural Posture
- Criminal / Appeal (endorsement Granting New Trial)
- Outcome
- Appeal allowed; new trial ordered.
- Legal Topics
- New Trial, Consent of Crown, Appeal Disposition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen Ex Rel. City of Toronto
Respondent
Junior Ebagua
Appellant
Procedural Posture
Criminal / Appeal (endorsement Granting New Trial)
Legal Issues
- 1 Whether the appeal should be allowed on the Crown's consent and a new trial ordered
- 2 Procedure for setting a new trial date after appellate endorsement
Ratio Decidendi
The court allowed the appeal on the Crown's consent and ordered a new trial in the Ontario Court of Justice, directing the appellant to attend to set a trial date.
Court Disposition
Appeal allowed; new trial ordered.
Orders
- Appeal allowed on consent of the Crown.
- New trial ordered in the Ontario Court of Justice.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Ebagua Collection Decisions of the Court of Appeal Date 2018-11-13 Neutral citation 2018 ONCA 898 Docket numbers C61425 Judges Feldman, Kathryn N.; Roberts, Lois B.; Fairburn, J. Michal Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Ebagua, 2018 ONCA 898 DATE: 20181109 DOCKET: C61425 Feldman, Roberts and Fairburn JJ.A. BETWEEN Her Majesty the Queen Ex Rel. City of Toronto Respondent and Junior Ebagua Appellant No one appearing for the appellant Amanda Ross, for the respondent Heard: November 6, 2018 APPEAL BOOK ENDORSEMENT [1] On consent of the Crown, the appeal is allowed and a new trial ordered in the Ontario Court of Justice. The appellant shall appear on December 10, 2018 in courtroom N at Old City Hall at 1:30 p.m. to set a date for trial.