R. v. Dhir
Leave to appeal was denied because the appellant failed to demonstrate that the grounds advanced raised a question of law under s.839(1) or a miscarriage of justice beyond mere assertion; allegations of unreasonable factual findings and misapprehension of evidence are not questions of law and do not satisfy the...
Source-derived case information.
- Citation
- 2020 NSCA 13
- Parties
- Appellant: Manish Dhir; Respondent: Her Majesty The Queen
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 11 February 2020
- Procedural Posture
- Criminal Appeal (summary Conviction) / Application for Leave to Appeal Under S.839(1) Criminal Code
- Outcome
- Leave to appeal denied
- Legal Topics
- Leave to Appeal, Summary Conviction, Questions of Law, Miscarriage of Justice, Factual Findings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Manish Dhir
Appellant
Her Majesty The Queen
Respondent
Procedural Posture
Criminal Appeal (summary Conviction) / Application for Leave to Appeal Under S.839(1) Criminal Code
Legal Issues
- 1 Whether the grounds of appeal raise a question of law under s.839(1) of the Criminal Code
- 2 Whether the appellant established a miscarriage of justice sufficient to warrant leave to appeal
- 3 Whether allegations of unreasonable factual findings or misapprehension of evidence constitute questions of law
Ratio Decidendi
Leave to appeal was denied because the appellant failed to demonstrate that the grounds advanced raised a question of law under s.839(1) or a miscarriage of justice beyond mere assertion; allegations of unreasonable factual findings and misapprehension of evidence are not questions of law and do not satisfy the stringent leave test.
Court Disposition
Leave to appeal denied
Orders
- Leave to appeal is denied
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Dhir Court Court of Appeal Date 2020-02-11 Citation 2020 NSCA 13 Docket CAC 486219 Judge/Registrar/Adjudicator Van den Eynden, Elizabeth (Honourable Justice) (CA); Derrick, Anne S. (Honourable Justice) (CA); Wood, Michael J. (Honourable Chief Justice) (CA) Document Type Decision Decision Content Nova Scotia Court of Appeal Citation: R. v. Dhir, 2020 NSCA 13 Date: 20200211 Docket: CAC 486219 Registry: Halifax Between: Manish Dhir Appellant v. Her Majesty The Queen Respondent Judges: Wood, C.J.N.S.; Van den Eynden and Derrick, JJ.A. Appeal Heard: February 11, 2020, in Halifax, Nova Scotia Held: Leave to appeal is denied, per reasons for judgment by the Court Counsel: Patrick J. Eagan, for the appellant Jennifer MacLellan, Q.C., for the respondent Reasons for judgment: By the Court (Orally) [1] This is an appeal from a decision of the Summary Conviction Appeal Court upholding the conviction of Mr. Dhir by a Nova Scotia provincial court judge. The appeal is under s. 839(1) of the Criminal Code. This section is limited to appeals involving questions of law. [2] Section 839(1) also requires an appellant to convince this Court to grant leave to appeal in order to have the merits of their appeal considered. The test for leave is a stringent one. [3] We have considered the written and oral submissions of the parties and are not satisfied that the grounds advanced in support of this appeal raise any question of law nor a miscarriage of justice beyond a mere assertion. [4] The appellant agrees that the Summary Conviction Appeal judge set out the applicable legal principles. His allegations of unreasonable factual findings and misapprehension of evidence do not involve questions of law. [5] Even if we were to conclude that we had jurisdiction this is not one of the exceptional cases where leave to appeal should be granted. [6] Leave to appeal is denied. Wood, C.J.N.S. Van den Eynden, J.A. Derrick, J.A.