Court of Appeal for Ontario
Date: 20241120 Docket: C68813
Roberts, Copeland and Dawe JJ.A.
BETWEEN
His Majesty the King Respondent
and
Michael Cooper Appellant
Counsel: Eric Neubauer, for the appellant Meaghan Hourigan, for the respondent
Heard and released orally: October 22, 2024
On appeal from the conviction entered on September 22, 2020 by Justice Nancy L. Dennison of the Superior Court of Justice, sitting with a jury.
Reasons for Decision
[1] The detention centre to which the appellant was required to surrender this morning at 7:00 in accordance with his release conditions has no record of his surrender. Although his counsel was advised by the appellant’s surety that the appellant had left early this morning to surrender, nothing further has been heard from him. We have held this matter down for almost an hour and have heard nothing from the appellant nor received confirmation of his surrender notwithstanding numerous inquires by counsel and court staff.
[2] The appellant’s release conditions required him to surrender this morning, failing which his appeal would be dismissed as abandoned. In the circumstances, we dismiss his appeal as abandoned. A bench warrant shall issue.
“L.B. Roberts J.A.”
“J. Copeland J.A.”
“J. Dawe J.A.”