R. v. T.S.K.

R. v. T.S.K.

The SCA judge correctly articulated and applied the extension-of-time framework, reasonably found an inordinate unexplained delay and undue prejudice to the Crown, and denial of the extension was a proper exercise of discretion; the late-raised W.(D.) complaint, even if considered, would not have altered the outcome...

Source-derived case information.

Citation
2025 BCCA 241
Parties
Respondent: Rex; Appellant: T.S.K.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
20 June 2025
Procedural Posture
Criminal Summary Conviction Appeal (sexual Assault) / Appeal From Order Dismissing Application to Extend Time to File Notice of Appeal
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Summary Conviction Appeal, Credibility and W.(d.) Analysis, Publication Ban
Source Language
english
Criminal Law Procedural Law Evidence Appellate Practice Extension of Time Summary Conviction Appeal Credibility and W.(d.) Analysis Publication Ban

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Parties

Rex

Respondent

T.S.K.

Appellant

Procedural Posture

Criminal Summary Conviction Appeal (sexual Assault) / Appeal From Order Dismissing Application to Extend Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the SCA judge erred in applying the legal test for an extension of time
  2. 2 Whether leave should be granted to raise a new issue that the trial judge failed to properly assess the appellant's testimony under W.(D.)
  3. 3 Whether the merits of the proposed appeal outweigh the inordinate delay and prejudice to the Crown

Ratio Decidendi

The SCA judge correctly articulated and applied the extension-of-time framework, reasonably found an inordinate unexplained delay and undue prejudice to the Crown, and denial of the extension was a proper exercise of discretion; the late-raised W.(D.) complaint, even if considered, would not have altered the outcome because the judge had presumed arguable merit and the other factors prevail.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Leave granted to raise the new W.(D.) issue but it does not alter the result