Court File and Parties

Court of Appeal for Ontario Date: 2023-05-10 Docket: M50080

Fairburn A.C.J.O., MacPherson and Zarnett JJ.A.

Between:

His Majesty the King Respondent

and

Bernard Momprevil Appellant

Counsel: Bernard Momprevil, acting in person Jeffrey Wyngaarden, for the respondent

Heard and released orally: May 4, 2023

Reasons for Decision

[1] The appellant brings a motion for an extension of time to file his motion for leave to appeal the decision of Justice Aitken of the Superior Court of Justice refusing to grant him an extension of time to appeal the decision of Justice Boxall of the Ontario Court of Justice. On a guilty plea, Justice Boxall convicted the appellant of one count of breach of probation.

[2] On a motion by the appellant to extend the time to file a Notice of Appeal relating to Justice Boxall’s decision, Justice Aitken applied the test set out by this court in R. v. J.C.M. (2002), 162 C.C.C. (3d) 233 (Ont. C.A.), and held that the appellant could not establish any of the three components of the test.

[3] The appellant advanced arguments against Justice Aitken’s decision. Nothing he said meets any of the components of the J.C.M. test. We agree with Justice Aitken’s reasons and they apply with equal force to the appellant’s motion in this court.

[4] In his oral argument, the appellant stated that he requires a s. 684 of the Criminal Code, R.S.C. 1985, c. C-46 order for counsel to represent him on this matter. There is nothing in the record or in the appellant’s submissions that would justify such an order.

[5] The motion is dismissed.

“Fairburn A.C.J.O.”

“J.C. MacPherson J.A.”

“B. Zarnett J.A.”