The appellant sought leave to appeal a decision dismissing his appeal of a provincial offence conviction for failing to remedy building code deficiencies.
The appeal judge had dismissed the appeal for failure to perfect due to missing transcripts.
The Court of Appeal granted leave to appeal on two questions of law: whether an appeal can be dismissed for failure to perfect in circumstances not explicitly authorized by the Provincial Offences Act or its Rules, and whether such a dismissal can be appealed to the Court of Appeal under s. 131 of the Act.
Leave to appeal on factual grounds was denied.
