Court File and Parties
Court of Appeal for Ontario
Before: Doherty, MacPherson and Armstrong JJ.A.
Between:
Her Majesty the Queen
Respondent
and
Ahmad Mirzakhalili and Mehran Mirzakhalili
Appellants
Counsel:
Ahmad Mirzakhalili and Mehran Mirzakhalili, appellants appearing in person
Holly Loubert, for the respondent
Heard: December 16, 2009
On appeal from the conviction entered on May 16, 2008 by Justice Denis J. Power of the Superior Court of Justice.
Appeal Book Endorsement
1The appellants appeal their convictions for three arson-related offences.
2They contend that they do not have a sufficient evidentiary record on which to develop their appeal. We disagree. The appeal has been scheduled for several months. On December 1, the appellants consented to their appellate counsel’s application to be removed from the record. At the time they acknowledged that they understood that the appeal would proceed on this date. They had the responsibility to prepare the appeal so that it could proceed as scheduled.
3The appellants also submit that their trial counsel did not present an effective defence at the trial. There is nothing in the record or the submissions we have heard to support this argument.
4The appeal is dismissed.