Court of Appeal for Ontario
Citation: R. v. Gallant, 2026 ONCA 368 Date: 2026-05-25 Docket: COA-25-CR-0561
Before: Trotter, George and Copeland JJ.A.
Between:
His Majesty the King Respondent
and
Jason Gallant Appellant
Counsel: Kevin Gray and Min Pei, for Jason Gallant (deceased) Venus Sayed, for the respondent
Heard: in writing
On appeal from the sentence imposed by Justice Brock Jones of the Ontario Court of Justice, on April 29, 2025.
REASONS FOR DECISION
1This panel heard Mr. Gallant’s sentence appeal on March 30, 2026. Following oral argument, we reserved our decision and ordered the preparation of a Post-Sentence Report. We invited further submissions from counsel once the Post-Sentence Report became available.
2Mr. Gallant followed through and attended a meeting with the probation officer who prepared the Post-Sentence Report, dated May 11, 2026. It is to Mr. Gallant’s credit that the Report is a very good one.
3Sadly, however, the court was advised that Mr. Gallant passed away on May 10, 2026. Counsel have filed a Proof of Death notice from the Office of the Chief Coroner.
4Even though Mr. Gallant’s appeal has been argued and the decision reserved, his death causes the appeal to abate: R. v. Slingerland, 2020 ONCA 417, at para. 8. While this court has a residual discretion to determine the appeal notwithstanding Mr. Gallant’s death, respectfully, there are no exceptional circumstances in this case that would impel us to do so.
5The appeal is dismissed as abated.
“Gary Trotter J.A.” “J. George J.A.” “J. Copeland J.A.”