Court File and Parties

Citation: R. v. Mirzakhalili, 2009 ONCA 900

Date: 20091217

Docket: C49411

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

[1] The appellants appeal their convictions for three arson-related offences.

[2] They 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.

[3] The 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.

[4] The appeal is dismissed.