Court of Appeal for Ontario
Watt, Hourigan and Huscroft JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Jason Killeen
Appellant
Counsel:
Patrick J. Leckey, for the appellant
James V. Palangio, for the respondent
Heard: October 19, 2015
On appeal from the decision of Justice J. Robert MacKinnon of the Superior Court of Justice, sitting as a summary conviction appeal court on October 23, 2014, dismissing an appeal from the conviction entered on April 24, 2014 by Justice Michael Harpur of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1We are not satisfied that this is a case in which leave to appeal should be granted.
2The applicant seeks to advance here grounds twice litigated, at trial and on summary conviction appeal.
3The applicant relies on well-settled legal principles. At least one of the issues is inextricably intertwined with findings of fact made at trial and thus may not raise a question of law alone.
4Further, the applicant seems to regard an appeal under s. 839 as a second appeal from the judgment at trial. It is not. It is, rather, an appeal from the decision of the summary conviction appeal court.
5We are not persuaded that either ground meets the standard for granting leave under R. v. R.(R.).
6Leave to appeal is refused.
