Court File and Parties

Citation: R. v. Shleymovich, 2011 ONCA 59

Date: 2011-01-21

Docket: M39319 (C52846)

Court of Appeal for Ontario

Before: Rosenberg, Goudge and Armstrong JJ.A.

Between:

Her Majesty the Queen Respondent

and

Veniamin Shleymovich Appellant

Counsel: No one for the appellant Matthew Asma, for the respondent

Heard: In Writing

Endorsement

[1] Veniamin Shleymovich appeals from his conviction for driving without insurance contrary to the Compulsory Automobile Insurance Act. For a number of reasons that are not particularly germane at this point, the appellant failed to attend court, and was unsuccessful in his application to re-open his case and in a subsequent motion to extend time to appeal in the Provincial Offences Appeal Court. On October 27, 2010, Doherty J.A. granted the appellant special leave to appeal his conviction. The appellant has presented evidence, confirmed by the Crown, that in fact he was insured at the time he was stopped by the police. Much of the appellant’s problems appear to stem from his difficulty with the English language and hence his inability to navigate through the court system.

[2] The Crown concedes that the appeal should be allowed and an acquittal entered. We also agree with Crown counsel that it is appropriate to deal with this appeal in writing to save the appellant further expense.

[3] Accordingly, the appeal is allowed and an acquittal entered. It is not entirely clear from the materials whether the appellant paid the $5,000 fine. If he did, that money should be remitted to him.

"M. Rosenberg J.A."

"S.T. Goudge J.A."

"Robert P. Armstrong J.A."