Court File and Parties

Court of Appeal for Ontario Date: 20210910 Docket: C68069

Hoy, Trotter and Paciocco JJ.A.

Between: Her Majesty the Queen Respondent

And: Paul Kuleba Appellant

Counsel: No one appearing for the appellant Nicole Rivers, for the respondent

Heard and released orally: September 8, 2021 by video conference

On appeal from the judgment of Justice Stephen T. Bale of the Superior Court of Justice, dated January 15, 2020.

Reasons for Decision

[1] Mr. Kuleba did not appear. The appeal was listed peremptory to Mr. Kuleba. The Crown sent Mr. Kuleba several letters reminding him that his appeal was listed to be argued today. It received no response. It also notified Mr. Kuleba that if he failed to attend it would ask that his appeal be dismissed as abandoned.

[2] The Crown advised that Mr. Kuleba did not attend on the second day of trial for the criminal proceeding which gave rise to the application for habeas corpus at issue on appeal and there is a warrant for his arrest.

[3] This appeal is dismissed as abandoned.

"Alexandra Hoy J.A."

"Gary Trotter J.A."

"David M. Paciocco J.A."