K. Papadopoulos

The appellant failed to appear for his appeal from a 2007 Ontario Review Board decision.

The court dismissed the appeal as abandoned, noting that the 2007 hearing had been superseded by a subsequent hearing in October 2008 that proceeded on a joint submission, and the appellant was now living in the community.

The appellant appealed convictions and sentences for attempt fraud, assault peace officer, and personation.

On consent, the appeals regarding attempt fraud and assault peace officer were dismissed.

Based on fresh evidence, the conviction and sentence appeals for the personation offence were allowed and replaced by an absolute discharge.

The appellant appealed his convictions for sexual assault, assault, and threatening death, arguing the trial judge erred in answering a jury question during deliberations.

When asked if all twelve jurors had to agree on reasonable doubt, the trial judge answered affirmatively, failing to explain a juror's right to disagree.

The Court of Appeal held that this answer improperly conveyed an obligation to agree on a verdict, contrary to established Supreme Court jurisprudence.

The appeal was allowed, the convictions were set aside, and a new trial was ordered.

The applicant sought leave to appeal his convictions under the Highway Traffic Act and Compulsory Automobile Insurance Act arising from a collision with a train.

The appeal judge had dismissed his appeal, erroneously stating he lacked jurisdiction to hear Charter arguments.

The Court of Appeal acknowledged the error but denied leave to appeal, finding that the applicant's Charter arguments regarding unreasonable delay, fair trial rights, self-incrimination, and double jeopardy had no arguable chance of success.