The appellant was convicted of second degree murder and filed a notice of appeal, but died before the appeal could be heard.
Seven years later, the Crown moved to abate the appeal.
The Court of Appeal held it had jurisdiction to hear the appeal but declined to exercise its discretion to do so.
The Supreme Court of Canada dismissed the appeal, holding that while an appellate court retains jurisdiction to hear an appeal rendered moot by the death of an appellant, this discretion should be exercised sparingly and only in exceptional circumstances where it is in the interests of justice.
The Court found no such exceptional circumstances in this case.
