Court of Appeal for Ontario

Date: 2017-05-18 Docket: C62297

Panel: Hoy A.C.J.O., LaForme and Benotto JJ.A.

Between

Her Majesty the Queen Respondent

and

Samir Ibrahim Appellant

Counsel

Samir Ibrahim, appearing in person

Rebecca De Filippis, for the respondent

Heard and Released

Heard and released orally: May 8, 2017

Appeal Information

On appeal from the order of May 26, 2016 of Justice Hill of the Superior Court of Justice, dismissing the appeal of a conviction entered on April 1, 2015 by Justice Douglas of the Ontario Court of Justice.

Reasons for Decision

[1] The appellant, Samir Ibrahim, does not come to this court as of right. Section 839(1) of the Criminal Code permits an appeal to this court from a summary conviction only where a question of law alone is raised and only where leave is granted. Leave to appeal is granted sparingly. It is not enough that the appeal raises a question of law.

[2] In R. v. R.(R.), 2008 ONCA 497, 90 O.R. (3d) 641, this court described the restricted circumstances in which leave to appeal may be granted from a summary conviction appeal decision: first, in cases where the merits of the proposed question of law are arguable, even if not strong, and the proposed question of law has significance to the administration of justice beyond the four corners of the case; second, in cases where there appears to be a clear error even if it cannot be said that the error has significance beyond the specific case before the court.

[3] The proposed question of law does not have significance to the administration of justice beyond the four corners of the case and we are not persuaded there is a clear error.

[4] Accordingly, leave to appeal is denied.

"Alexandra Hoy A.C.J.O."

"H.S. LaForme J.A."

"M.L. Benotto J.A."