Court of Appeal for Ontario
Date: 2018-02-07
Docket: M48191 and M48388 (M47930)
Panel: MacFarland, Pardu and Benotto JJ.A.
Between
Her Majesty the Queen Respondent
and
Albert James Oddi Applicant
Counsel
Albert Oddi, acting in person
Michael McEachren, for the responding party
Heard and released orally: January 30, 2018
Reasons for Decision
[1] There are two motions before this court: (1) to review the order of the chambers judge refusing an order to extend time to appeal a forfeiture order made by Watson J. on April 11, 2007; and (2) for an order appointing counsel representing his interests in the within matter.
[2] In his reasons the motion judge set out correctly the test to be met by a litigant who seeks an extension of time to appeal.
[3] As to the first issue, the motion judge concluded: "Mr. Oddi's attempt to now challenge the agreed upon forfeiture order because of the burdens it has caused him lacks merit." We agree. The forfeiture order in question was the subject of a joint submission in relation to Mr. Oddi's plea of guilty to a number of criminal offences. The order as originally drafted orders forfeiture of $120,000 as "offence related property". Watson J. who was the sentencing judge changed "offence-related property" to "proceeds of crime". Now more than a decade after the fact, Mr. Oddi seeks to appeal that portion of the forfeiture order. There is no record before this court in relation to what submissions were made to the court at the time and what facts Mr. Oddi admitted to on his plea of guilty. In short there is simply no evidence that would support any basis for Mr. Oddi's proposed appeal.
[4] As the result, there is no need to appoint counsel on his behalf even if there were any evidence before this court – and there is not – to support his claim. There is only his own evidence that he is unable to afford counsel and the evidence before this court would suggest otherwise.
[5] The motions to review and to appoint counsel are both dismissed.
J. MacFarland J.A.
G. Pardu J.A.
M.L. Benotto J.A.