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Criminal - Summary Conviction Appeals [s.839]. R. v. Kuffuor
In R. v. Kuffuor (Ont CA, 2023) the Court of Appeal considers the test for granting leave to appeal in summary conviction matters:[2] The test for granting leave to appeal in a summary conviction matter is well-established. Leave should be granted sparingly, and it is restricted to a question of law alone. Two factors are generally considered: 1) the significance of the legal issues raised to the general administration of criminal justice, and 2) the merits of the proposed grounds of appeal: see R. v. R. (R.), 2008 ONCA 497, 90 O.R. (3d) 641. . R. v. Berhe
In R. v. Berhe (Ont CA, 2022) the Court of Appeal considered appeals from summary conviction matters:[9] Under s. 839(1), a court of appeal may grant leave to appeal from a decision of a summary conviction appeal court on a question of law alone. However, in R. v. R.(R.), 2008 ONCA 497, 90 O.R. (3d) 641, this court held that leave should be granted only sparingly, after a consideration of the significance of the legal errors raised to the general administration of justice, along with the merits of the proposed appeal.
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