Court of Appeal for Ontario

Citation: R. v. Riad, 2012 ONCA 300

Date: 2012-05-08

Docket: M41217 (C53563) & M41282 (C52611)

Before: Weiler, Watt and Epstein JJ.A.

Between:

Her Majesty the Queen Responding Party

and

Nagy Riad Applicant

Counsel: Nagy Riad, acting in person Bernadette Saad, for the applicant in file number M41282 (C52611) Roger A. Pinnock, for the responding party

Heard and released orally: April 30, 2012

On motions to re-open appeals dismissed as abandoned on January 17, 2012

Endorsement

[1] The applicant, Mr. Nagy Riad, applies to re-open two appeals. The first, file number C53563, relates to a summary conviction appeal respecting two matters. Mr. Riad is self-represented on this appeal. In determining whether to exercise our discretion to re-open this appeal, one of the considerations is that leave to appeal is required. In our opinion it does not meet the test for leave under R. v. R.(R.) (2008), 2008 ONCA 497, 234 C.C.C. (3d) 463 (Ont. C.A.), at para. 37.

[2] The application relating to file number C53563 is dismissed.

[3] The second, file number C52611, relates to the applicant's conviction appeal with respect to one count of failing to comply with a court order of which he was convicted on June 18, 2010. On January 17, 2012, the matter was ordered, "dismissed as abandoned" due to the applicant's history of "non-attendance" and "non-compliance".

[4] In addition to Mr. Riad being present in person, Ms. Saad attended today as counsel. They offer an explanation as to both the alleged non-attendance and non-compliance. There is information before the court that casts serious doubt on the veracity of the explanation offered. Accordingly, we are not satisfied that it would be in the interests of justice to re-open this appeal.

[5] The application is dismissed.

"K.M. Weiler J.A."

"David Watt J.A."

"G.J. Epstein J.A."