Court of Appeal for Ontario

Citation: R. v. Opoku, 2012 ONCA 22

Date: 20120113

Docket: M39896

Judges: Rosenberg, Simmons and Armstrong JJ.A.

Between:

Her Majesty The Queen Respondent

and

Theresa Ansaba Opoku Applicant

Counsel:

Theresa Opoku, in person Hilary Book, amicus curiae Benita Wassenaar, for the respondent

Heard and released orally: January 5, 2012

ENDORSEMENT

[1] This application for special leave to appeal from the dismissal of an application for an extension of time which was dismissed as abandoned was referred to a panel of this court by Cronk J.A.

[2] This is not a case for special leave. It does not meet the statutory test. The test under s. 131 is a strict one. No issue essential to the public interest arises in this case where the question is simply the applicant’s reason for failing to attend court. Nor is there an issue as to the due administration of justice, given that the applicant has another remedy, as will be discussed below.

[3] We leave to another time whether there is jurisdiction under s. 131 of the Provincial Offences Act to grant special leave from dismissal of an application for an extension of time when the application was dismissed on the merits.

[4] Where the application was, as here, dismissed as abandoned, the remedy is an application to the Provincial Offences Appeal Court to reopen the application for the extension of time. On the application for leave to reopen, the applicant does not have to meet the strict test for special leave to appeal that applies in this court. Rather, it would be for the Provincial Offences Appeal Court to apply the appropriate factors for reopening an application for an extension of time. An application to reopen would not in our view violate s. 85(2) of the Provincial Offences Act. Accordingly the application for special leave to appeal is dismissed.

Signed: "M. Rosenberg J.A." "Janet Simmons J.A." "Robert P. Armstrong J.A."

Released: "MR" JANUARY 13, 2012