R. v. Xue
The appeal must be dismissed as abated because the Crown established by affidavit that the appellant is deceased, and an appeal cannot proceed following the death of the appellant.
Source-derived case information.
- Citation
- 2021 ONCA 308
- Parties
- Respondent: Her Majesty the Queen; Appellant: Qin Xue
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 7 May 2021
- Procedural Posture
- Criminal / Post Conviction Appeal Dismissed as Abated
- Outcome
- Appeal dismissed as abated
- Legal Topics
- Abatement on Death of Appellant, Dismissal of Appeal, Affidavit Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Qin Xue
Appellant
Procedural Posture
Criminal / Post Conviction Appeal Dismissed as Abated
Legal Issues
- 1 Whether the appeal abates upon the death of the appellant
- 2 Whether an affidavit attesting to the appellant's death is sufficient to dismiss the appeal as abated
Ratio Decidendi
The appeal must be dismissed as abated because the Crown established by affidavit that the appellant is deceased, and an appeal cannot proceed following the death of the appellant.
Court Disposition
Appeal dismissed as abated
Orders
- Appeal dismissed as abated.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Xue Collection Decisions of the Court of Appeal Date 2021-05-07 Neutral citation 2021 ONCA 308 Docket numbers C68175 Judges Hoy, Alexandra; Hourigan, C. William; Zarnett, Benjamin Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Xue, 2021 ONCA 308 DATE: 20210507 DOCKET: C68175 Hoy, Hourigan and Zarnett JJ.A. BETWEEN Her Majesty the Queen Respondent and Qin Xue Appellant Erin Dann, appearing as duty counsel Avene Derwa, for the respondent Heard: May 6 2021 by video conference On appeal from the conviction entered on January 22, 2020 by Justice Laura Bird of the Superior Court of Justice. APPEAL BOOK ENDORSEMENT [1] The Crown has filed an affidavit attesting to the fact that Mr. Xue is deceased, and asks that this appeal be dismissed as abated. This appeal is dismissed as abated.