R. v. Gebremariam, 2009 ONCA 562
CITATION: R. v. Gebremariam, 2009 ONCA 562
DATE: 20090709
DOCKET: C48143
COURT OF APPEAL FOR ONTARIO
Doherty, Feldman and MacFarland JJ.A.
BETWEEN:
Her Majesty the Queen
Respondent
and
Tadesse Gebremariam
Appellant
Tadesse Gebremariam, appearing in person
J.K. Stewart, for the respondent
Heard: July 3, 2009
On appeal from the decision imposed by Justice Speyer of the Superior Court of Justice dated December 3, 2007.
APPEAL BOOK ENDORSEMENT
The Adjournment Request
[1] The appellant requests an adjournment. He claims he is ill. There is no support for that claim apart from a prescription form. No name appears on the prescription. In the circumstances of this case, we cannot accept this document as any evidence of medical incapacity such as to warrant an adjournment. The appellant also seeks an adjournment to retain counsel. He has used this excuse many times in the past. We do not accept that the appellant has not had a full opportunity to retain counsel had he wished to do so. This matter has been adjourned several times in this court and in the Superior Court. The time has come to address the merits.
The Merits
[2] The Justice of the Peace exercised his discretion under s. 507.1 and refused to issue process. The appellant sought judicial review claiming that the Justice of the Peace exceeded his jurisdiction in declining to issue process. After several adjournments in the Superior Court, Speyer J. refused a further adjournment. He did not err in the exercise of his discretion in doing so. The appellant declined to make submissions on the merits. Speyer J. addressed the merits and dismissed the motion. Again, he made no error.
[3] The documents apparently sought by the appellant had no relevance to the only question before Speyer J.; that is did the Justice of the Peace exceed his jurisdiction. Those records are also irrelevant to the only issue before us – that is did Speyer J. err in refusing the adjournment and dismissing the motion on the merits.
[4] The appeal is dismissed.