The appellant, unrepresented at his summary conviction appeal, attempted to argue that the trial judge improperly handled numerous witness subpoenas he had served.
The summary conviction appeal judge repeatedly interrupted and declined to hear submissions on this issue.
The Court of Appeal held that the summary conviction appeal judge erred by refusing to hear the appellant's submissions regarding the trial subpoenas, as this went to the fairness of the trial.
The conviction appeal was allowed and a new hearing was ordered.
