The Crown brought a motion to dismiss the appellant's summary conviction appeal for abandonment.
The appellant had appealed his convictions for impaired driving and refusing to provide a breath sample in August 2019, but took no steps to perfect the appeal for over three years.
The court applied the criteria from *R. v. Villanti* and found the delay was excessive, the explanation was weak, and the delay had a profound effect on the administration of justice as the appellant benefited from a stay of his driving prohibition.
The motion was granted and the appeal was dismissed for abandonment.
