R. v. Kuleba
The appeal is dismissed as abandoned because the appellant failed to attend the peremptory hearing despite being notified, and the Crown requested dismissal.
Source-derived case information.
- Citation
- 2021 ONCA 611
- Parties
- Respondent: Her Majesty the Queen; Appellant: Paul Kuleba
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 10 September 2021
- Procedural Posture
- Criminal / Appeal to Court of Appeal (oral Hearing)
- Outcome
- Appeal dismissed as abandoned
- Legal Topics
- Abandonment, Failure to Appear, Warrant, Dismissal for Abandonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Paul Kuleba
Appellant
Procedural Posture
Criminal / Appeal to Court of Appeal (oral Hearing)
Legal Issues
- 1 Whether the appeal should be dismissed as abandoned due to the appellant's failure to appear
- 2 Whether the Crown provided adequate notice and sought dismissal
Ratio Decidendi
The appeal is dismissed as abandoned because the appellant failed to attend the peremptory hearing despite being notified, and the Crown requested dismissal.
Court Disposition
Appeal dismissed as abandoned
Orders
- Appeal dismissed as abandoned
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Kuleba Collection Decisions of the Court of Appeal Date 2021-09-10 Neutral citation 2021 ONCA 611 Docket numbers C68069 Judges Hoy, Alexandra; Trotter, Gary T.; Paciocco, David M. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Kuleba, 2021 ONCA 611 DATE: 20210910 DOCKET: C68069 Hoy, Trotter and Paciocco JJ.A. BETWEEN Her Majesty the Queen Respondent and Paul Kuleba Appellant No one appearing for the appellant Nicole Rivers, for the respondent Heard and released orally: September 8, 2021 by video conference On appeal from the judgment of Justice Stephen T. Bale of the Superior Court of Justice, dated January 15, 2020. REASONS FOR DECISION [1] Mr. Kuleba did not appear. The appeal was listed peremptory to Mr. Kuleba. The Crown sent Mr. Kuleba several letters reminding him that his appeal was listed to be argued today. It received no response. It also notified Mr. Kuleba that if he failed to attend it would ask that his appeal be dismissed as abandoned. [2] The Crown advised that Mr. Kuleba did not attend on the second day of trial for the criminal proceeding which gave rise to the application for habeas corpus at issue on appeal and there is a warrant for his arrest. [3] This appeal is dismissed as abandoned. “Alexandra Hoy J.A.” “Gary Trotter J.A.” “David M. Paciocco J.A.”