Ontario Court of Justice

Date: 2016-11-25

Court File No.: YORK REGION 4960-94099532

In the Matter of an Appeal under the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended

Between:

The Regional Municipality of York

— AND —

Kristina Chkliarova

Before: Justice Joseph F. Kenkel

Appeal Heard on: 25 November, 2016

Reasons Delivered: 25 November, 2016

Counsel:

• Ms. Volga Pankou, counsel for the Respondent
• Mr. Spartak Hamzaj, agent for the Appellant Ms. Chkliarova

Decision

KENKEL J.:

[1] Ms. Chkliarova was charged with speeding. She hired a licensed paralegal Mr. Frank Alfano to represent her at trial. He hired another paralegal Robert Sutherland to attend the trial and ask for an adjournment so that further disclosure could be obtained. That further disclosure had been requested two weeks before the trial date. The adjournment request was denied. Mr. Alfano then instructed Mr. Sutherland via text to enter a plea of guilty on the accused's behalf to avoid the amendment of the speed alleged back to the actual speed.

[2] The appellant seeks a review of the decision of the Justice of the Peace to refuse the requested adjournment. While it's not necessary to engage in that review, it's worth mentioning that the late disclosure request which included materials of dubious relevance to a simple speeding trial was unlikely to have resulted in an adjournment. The agent attending should have been ready to conduct the trial.

[3] The appeal must be allowed for another reason, not argued by the appellant. As set out in his affidavit and conceded by Mr. Hamzaj, Mr. Alfano instructed his agent to enter a guilty plea to the charge contrary to his instructions by Ms. Chkliarova. She's entitled to her trial and the decision whether or not to plead guilty was hers alone to make. The guilty plea must be struck for that reason.

[4] The appeal is allowed and a new trial ordered.

Delivered November 25, 2016:

Justice Joseph F. Kenkel