COURT OF APPEAL FOR ONTARIO
MacPherson, Hoy and Tulloch JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
John Michael Massel
Appellant
John Michael Massel, as self-represented
Michael Fawcett, for the respondent
Heard and orally released via videoconference: June 1, 2020
On appeal from the conviction entered by Justice Campling of the Ontario Court of Justice, dated January 6, 2017, and the sentence imposed on April 19, 2017.
REASONS FOR DECISION
1The appellant seeks leave to appeal the dismissal of his motion for an extension of time to file a notice of appeal of a decision dismissing his motion to strike his guilty plea of January 6, 2017. We are not persuaded that the appellant satisfies the test to obtain leave to appeal.
2The question the appellant raises is not a question of law alone. The motion judge applied the correct test for determining whether an extension of time should be granted. Moreover, we see no error in the motion’s judge application of that test to the facts.
3Accordingly, leave to appeal is denied.
“J.C. MacPherson J.A.”
“Alexandra Hoy J.A.”
“M. Tulloch J.A.”