Court of Appeal for Ontario

Citation: R. v. Lessard, 2016 ONCA 596

Date: 20160727

Docket: C57196

Before: Watt, Pepall and Tulloch JJ.A.

Between

Her Majesty the Queen

Respondent

and

Peter Roy William Lessard

Appellant

Counsel: Russell Silverstein, duty counsel Lorna Bolton, for the respondent

Heard: July 13, 2016

On appeal from the conviction entered on May 15, 2013 and the sentence imposed on May 15, 2013 by Justice Brian W. Abrams of the Superior Court of Justice, sitting without a jury.

ENDORSEMENT

[1] On June 22, 2016 the appellant died. With his death, his appeal from conviction abates. It is well-settled that despite this general rule of abatement of an appeal on the death of the appellant, an appellate court has a discretion to hear the appeal if it is in the interests of justice to do so: R. v. Smith, 2004 SCC 14, [2004] 1 SCR 385.

[2] A review of the record in this case satisfies us that this appeal raises no issue of general importance and reveals no other special circumstances that would warrant a departure from the general rule.

[3] In the result, the appeal abates with the death of the appellant and is dismissed.

“David Watt J.A.”

“S.E. Pepall J.A.”

“M. Tulloch J.A.”