Peter K. McWilliams

The appellant appealed from an order of the Summary Conviction Appeal Court refusing to extend the time to appeal.

The Court of Appeal dismissed the appeal, finding no basis to interfere with the exercise of discretion, as there was no explanation for the delay or evidence of an intention to appeal within the required time.

The Court also rejected arguments that the appellant was denied the right to speak before sentencing and that he was punished twice for the same offence contrary to s. 11(h) of the Charter.

The appellant commenced an action for false arrest, false imprisonment, and abuse of process against the respondents, including a lawyer who had allegedly urged police to arrest her.

The motions judge dismissed the action as frivolous, vexatious, and an abuse of process under rule 21.01(3)(d) of the Rules of Civil Procedure.

The Court of Appeal upheld the dismissal, finding that the police conducted their own independent investigation and made their own decision to arrest the appellant, meaning the action against the lawyer had no chance of success.