R. v. Tremblay
The Court dismissed the appeal because the appellant had died, and the appeal therefore abated.
Source-derived case information.
- Citation
- 2020 ONCA 724
- Parties
- Respondent: Her Majesty the Queen; Appellant: Mohamod Tremblay
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 12 November 2020
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Appeal dismissed as abated
- Legal Topics
- Appeal, Abatement on Death, Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Her Majesty the Queen
Respondent
Mohamod Tremblay
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether a criminal appeal abates on the death of the appellant
- 2 Whether the appeal may proceed despite the appellant's death
Ratio Decidendi
The Court dismissed the appeal because the appellant had died, and the appeal therefore 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. Tremblay Collection Decisions of the Court of Appeal Date 2020-11-12 Neutral citation 2020 ONCA 724 Docket numbers C67704 Judges Feldman, Kathryn N.; Simmons, Janet M.; Harvison Young, Alison Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Tremblay, 2020 ONCA 724 DATE: 20201112 DOCKET: C67704 Feldman, Simmons and Harvison Young JJ.A. BETWEEN Her Majesty the Queen Respondent and Mohamod Tremblay Appellant Allison Cormie-Bowins, for the appellant Gregory Furmaniuk, for the respondent Heard: in writing On appeal from the sentence imposed on October 24, 2019 by Justice P. Robertson of the Ontario Court of Justice. REASONS FOR DECISION [1] The court having been advised that the appellant has passed away, the appeal is dismissed as abated. “K. Feldman J.A.” “Janet Simmons J.A.” “Harvison Young J.A.”