Court File and Parties

Ontario Court of Justice

Date: 2017-03-31

Court File Nos.: 4911-997-14-30130033-00, 83158 Georgina

Between:

Regional Municipality of York Respondent

— And —

Ashleigh Alexiou Yvonne Benedetto Appellants

Provincial Offence Appeals

Before: Justice J.F. Kenkel

Heard and Ruling Delivered: March 31, 2017

Counsel:

• Ms. Volga Pankou – counsel for the Respondent
• Mr. James Alexiou – appearing as Agent for the Appellants

Decision

KENKEL J.:

Introduction

[1] The Appellants apply for the fourth time for extension of time to appeal. They failed to appear at their trial, failed to appear at subsequent proceedings in the Provincial Offences Court, and their applications have been dismissed as abandoned for their failures to attend their appeal dates. For the reasons below I've found that their application is without merit and amounts to an abuse of this court's process.

Facts

[2] Ms. Alexiou was operating her mother's car when it's alleged she committed a parking violation. Ms. Benedetto, the car owner, was charged with a parking violation by the Town of Georgina on August 3, 2013. The set fine for the infraction was $50. On February 23, 2014, Ms. Alexiou was charged with disobeying a red light contrary to s.144(18) of the Highway Traffic Act. The set fine for that offence is $260.

[3] Ms. Alexiou submitted a request for a trial on the red light offence. She obtained an adjournment of the first trial date because she was out of the country, but didn't show up or have anyone attend on her behalf for the second trial date. After conviction, she applied to re-open the case but that application was denied.

Procedural History

[4] Ms. Alexiou appealed both matters to this court. On May 15, 2015, the appellant Ms. Alexiou failed to appear in court. The appeals were dismissed as abandoned as the appellant had failed to pursue her appeals with diligence and there was no apparent triable issue in either case.

[5] Ms. Alexiou filed a further identical appeal on May 22, 2015. She still had not paid either fine. A further appeal date was set for November 27, 2015. On November 27, 2015, Ms. Alexiou did not appear nor did anyone appear on her behalf. Her appeal was again dismissed as abandoned. Justice Minard added the following endorsement: "Not to be further placed on an appeal list without judicial approval".

[6] On April 24, 2016, Ms. Alexiou filed yet another application to extend time to appeal which was heard June 3, 2016. That appeal was dismissed as abandoned. There is also no evidence that Ms. Alexiou obtained leave as required by Justice Minard's order.

[7] On June 6, 2016, Ms. Alexiou filed another application for extension of time to appeal citing identical grounds. She did not obtain leave as required by Justice Minard's order. Her father attended on her behalf today, but he was not able to provide any information beyond the paragraph set out in the application.

[8] The parking offence followed a similar course. An application for extension of time to appeal in this court was dismissed as abandoned on October 30, 2015. On November 17, 2015, the appellant again appealed. That application for extension of time was dismissed as abandoned on April 15, 2016, when Ms. Alexiou again failed to appear in court or have someone attend in court on her behalf.

[9] On April 22, 2016, Ms. Alexiou on behalf of her mother brought a further application to extend time to appeal. That application was dismissed as abandoned on June 3, 2016. On June 6, 2016, Ms. Alexiou filed yet another application for time extension in relation to the parking ticket.

Decision

Applications Dismissed.

[10] Three identical applications in relation to both appeals have been dismissed as abandoned. For the past three years neither appellant has paid her fines despite the nominal amounts involved. There's no triable issue identified in relation to either appeal. Ms. Alexiou has twice failed to comply with Justice Minard's order requiring leave of the court before filing further applications.

[11] The repeated filing of frivolous applications contrary to court order amounts to an abuse of this court's process. I dismiss both applications and order that the Provincial Offences Court not permit either appellant to file any further applications in relation to either offence unless they have obtained prior leave in writing from a Judge of the Ontario Court of Justice.

Appeal and Ruling: March 31, 2017

Justice J.F. Kenkel