Court of Appeal for Ontario

Date: 2019-04-18

Docket: M48866 and M50324

Motion Judge: Feldman J.A.

Between

City of Mississauga Responding Party

and

Paul Mohenu Moving Party

Counsel

Paul Mohenu, appearing in person

Vitali Berdichevski, as amicus curiae

Robert D. Ryan, for the responding party

Heard and released orally: April 17, 2019

Appeal Book Endorsement

[1] The appellant moves for an extension of time to perfect his motion for leave to appeal, under s. 131 of the Provincial Offences Act.

[2] The motion for an extension is opposed by the City of Mississauga. The conviction was in 2014, for a by-law infraction. The applicant has had one appeal, which was dismissed by the Ontario Court of Justice.

[3] The notice of motion for leave was filed in February 2018. The applicant says he did not understand he had more to do and was waiting to hear from the court.

[4] The problem is that the grounds of appeal raise a question of fact: is the driveway too wide? He says it is not, but that is not a question of law or a matter of general public importance. Therefore, on the potential merit ground, there is no basis to grant an extension of time.

[5] The motion is dismissed.