R. v. Petre
Leave to appeal was denied because the proposed appeal raised no issue of significance to the administration of justice and lacked merit; the fresh evidence (translations) merely aided document comprehension and did not affect the leave determination.
Source-derived case information.
- Citation
- 2020 ONCA 577
- Parties
- Respondent: Her Majesty the Queen; Appellant: Stefan Petre
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 11 September 2020
- Procedural Posture
- Criminal Summary Conviction / Application for Leave to Appeal From Summary Conviction Appeal
- Outcome
- Leave to appeal denied; fresh evidence application dismissed.
- Legal Topics
- Criminal Harassment, Leave to Appeal, Fresh Evidence, Summary Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Stefan Petre
Appellant
Procedural Posture
Criminal Summary Conviction / Application for Leave to Appeal From Summary Conviction Appeal
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether the proposed fresh evidence (translations) affects the leave application
- 3 Whether the appeal raises an issue significant to the administration of justice
Ratio Decidendi
Leave to appeal was denied because the proposed appeal raised no issue of significance to the administration of justice and lacked merit; the fresh evidence (translations) merely aided document comprehension and did not affect the leave determination.
Court Disposition
Leave to appeal denied; fresh evidence application dismissed.
Orders
- Leave to appeal is denied.
- The fresh evidence application is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Petre Collection Decisions of the Court of Appeal Date 2020-09-11 Neutral citation 2020 ONCA 577 Docket numbers M50973 Judges Fairburn, J. Michal; MacPherson, James C.; Coroza, Steve A. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Petre, 2020 ONCA 577 DATE: 20200911 DOCKET: M50973 Fairburn A.C.J.O., MacPherson and Coroza JJ.A. BETWEEN Her Majesty the Queen Respondent and Stefan Petre Appellant Stefan Petre, appearing in person Nicole Rivers, for the respondent Heard and released orally: September 8, 2020 REASONS FOR DECISION [1] The appellant was convicted of criminal harassment. He appealed to the Superior Court of Justice. This is an application for leave to appeal from a decision of Roberts J., dismissing the summary conviction appeal. [2] The appellant appears to wish to re-argue the case that has already been determined. The threshold test for leave to appeal is high: R. v. R.R., 2008 ONCA 497. We see no issue significant to the administration of justice beyond this case and there is no merit to the proposed appeal. [3] There is a fresh evidence application before the court involving the translation of certain documents. The fresh evidence merely assists the court in understanding some of the documents, but does not have any bearing on the leave application. [4] For these reasons, the fresh evidence application is dismissed and leave to appeal is denied. “Fairburn A.C.J.O.” “J.C. MacPherson J.A.” “S. Coroza J.A.”