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Criminal - Appeal - Time Extension to Commence. R. v. Muirhead
In R. v. Muirhead (Ont CA, 2025) the Ontario Court of Appeal dismissed a CJA 7(5) panel motion to set aside "the motion judge’s decision dismissing his request for an extension of time to file a notice of appeal":[1] The applicant brings a motion under s. 7(5) of the Courts of Justice Act., R.S.O. 1990, c. C.43, to review the motion judge’s decision dismissing his request for an extension of time to file a notice of appeal in relation to convictions in 2020 (“Proposed Appeal #1”) and 2022 (“Proposed Appeal #2”). In 2020, he was convicted, following summary conviction proceedings in the Ontario Court of Justice, of failure to comply with a breath demand under s. 320.15 of the Criminal Code, R.S.C. 1985, c. C-46. In 2022, he was convicted, following a guilty plea, of three drug-related offenses under the Controlled Drugs and Substances Act, S.C. 1996, c. 19.
[2] A panel review of the decision of a single motion judge is not a re-hearing of the motion. The panel may interfere with the order of the motion judge only if that judge failed to identify the applicable principles, erred in principle, or reached an unreasonable result: Hillmount Capital Inc. v. Pizale, 2021 ONCA 364, 462 D.L.R. (4th) 228, at para. 18; DeMarco v. Nicoletti, 2017 ONCA 417, at para. 3; Yaiguaje v. Chevron Corporation, 2017 ONCA 827, 138 O.R. (3d) 1, at para. 21. . R. v. Rodney
In R. v. Rodney (Ont CA, 2025) the Ontario Court of Appeal dismissed a motion to extend time for a criminal sentencing appeal:[4] The applicant now asks this court for an extension of time to file a notice of appeal to seek leave to appeal from his sentence issued on April 11, 2024, nearly eight months after the 30-day appeal period in r. 8(3) of the Criminal Appeal Rules, SI/93-169, expired. I dismiss the motion for the reasons that follow.
The Governing Principles
[5] The applicant bears the onus of satisfying the court that the justice of the case requires the extension of time to be granted: see R. v. Menear (2002), 2002 CanLII 7570 (ON CA), 162 C.C.C. (3d) 233 (Ont. C.A.), leave to appeal refused, [2002] S.C.C.A. No. 116. The following considerations apply:. whether the applicant has shown a bona fide intention to appeal within the appeal period;
. whether the applicant has accounted for or explained the delay in filing the notice; and
. whether the proposed appeal has merit: Menear, at para. 20. [6] These considerations do not comprise a rigid test or absolute rule: R. v. Junkert, 2009 ONCA 922, at para. 23.
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