R. v. Pletnev
The appeal was dismissed because the appellants failed to establish entitlement to mandamus and the Court of Appeal agreed with the Superior Court's analysis that mandamus was not appropriate in the circumstances.
Source-derived case information.
- Citation
- 2018 ONCA 935
- Parties
- Appellant: Vladimir Pletnev; Appellant: Alla Pletneva; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 22 November 2018
- Procedural Posture
- Criminal / Appeal From Superior Court Dismissal of Mandamus Application
- Outcome
- Appeal dismissed.
- Legal Topics
- Mandamus, Appeal, Judicial Review, Procedural Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vladimir Pletnev
Appellant
Alla Pletneva
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal From Superior Court Dismissal of Mandamus Application
Legal Issues
- 1 Whether the appellants were entitled to a writ of mandamus in relation to the ruling of the Justice of the Peace
- 2 Whether the Superior Court erred in dismissing the appellants' application for mandamus
Ratio Decidendi
The appeal was dismissed because the appellants failed to establish entitlement to mandamus and the Court of Appeal agreed with the Superior Court's analysis that mandamus was not appropriate in the circumstances.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Pletnev Collection Decisions of the Court of Appeal Date 2018-11-22 Neutral citation 2018 ONCA 935 Docket numbers C64543 Judges Doherty, David H.; Rouleau, Paul S.; van Rensburg, Katherine Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Pletnev, 2018 ONCA 935 DATE: 20181120 DOCKET: C64543 Doherty, Rouleau and van Rensburg JJ.A. BETWEEN Her Majesty the Queen Respondent and Vladimir Pletnev and Alla Pletneva Appellants Vladimir Pletnev and Alla Pletneva, acting in person Avene Derwa, for the respondent Heard: November 15, 2018 On appeal from the judgment of Justice Ian A. MacDonnell of the Superior Court of Justice, dated October 23, 2017, dismissing the appellants’ application for mandamus in relation to the ruling of Justice of the Peace Catherine M. Shoniker, dated October 20, 2016. APPEAL BOOK ENDORSEMENT [1] The appellants have advanced their arguments fully. Unfortunately for them we do not agree with them. We agree with the analysis provided by MacDonnell J. [2] The appeal must be dismissed.