Court of Appeal for Ontario

Date: 2017-10-17 Docket: C62594 Judges: Doherty, LaForme and Paciocco JJ.A.

Parties

Between

Her Majesty the Queen Respondent

and

Mohamad Ali Appellant

Counsel

Ernest J. Guiste, for the appellant Craig Harper, for the respondent

Heard: October 16, 2017

Background

On appeal from the judgment of Justice Brian P. O'Marra of the Superior Court of Justice, dated July 29, 2016, dismissing the appeal of the judgment of Justice Shaun S. Nakatsuru of the Ontario Court of Justice, dated April 18, 2012.

Appeal Book Endorsement

[1] The appellant's ineffective assistance of counsel claim was considered and rejected by the Summary Conviction Appeal Court judge mostly because he found the appellant's evidence offered in support of the ineffective assistance of counsel claim totally incredible. We see no ground upon which it could be argued that the Summary Conviction Appeal Court judge erred in law in his assessment of the appellant's evidence.

[2] Nor does the proposed ground of appeal raise any legal issue that needs clarification, or would otherwise warrant leave to appeal. The principles governing allegations of ineffective assistance raised on appeal are well-settled.

[3] In oral argument, counsel stressed the submission that the nature of the fee arrangement made that arrangement a "contingency fee" within the meaning of the relevant legislation. He submits that contingency fees are prohibited in criminal matters because of the inherent conflict created by them.

[4] Whatever the merits of this argument, in the abstract, there is no basis on this record upon which the fee arrangement could be characterized as a contingency fee within the meaning of the Solicitors Act, s. 28.1(2). Consequently, there is no arguable merit to the submission.

[5] Leave to appeal is refused.