2022 QCCA 1679, 2022 QCCA 1679
Opinion
Diszhazy c. R. 2022 QCCA 1679 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007917-220 ( 500-01-198579-192 ) MINUTES OF HEARING DATE: December 12, 2022 THE HONOURABLE GENEVIÈVE MARCOTTE, J.A. APPLICANT COUNSEL George Diszhazy Mtre ANDREW BARBACKI Absent RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre GENEVIÈVE LANGLOIS ( Director of Criminal and Penal Prosecutions ) Absent DESCRIPTION: Motion to extend the time for appeal ( Section 678(2) of the Criminal Code ). Clerk at the hearing : Anne Dumont Courtroom: RC-18 HEARING Considering that the motion is uncontested, the parties are excused from appearing in Court. BY THE JUDGE: Judgment – see page 3.
Anne Dumont, Clerk at the hearing JUDGMENT [ 1 ] Considering the Motion to extend the time for appeal and the reasons invoked in support thereof; [ 2 ] Considering that the motion is not contested; [ 3 ] Considering that the judgment under appeal was rendered on October 20, 2022, and the Applicant’s notice of appeal was filed on November 30, 2022, together with his Motion to extend the time for appeal; [ 4 ] Considering that the criteria of s. article 678(2) Cr.C . as set out in R. v.
Lamontagne [1] are met insofar as the Applicant has demonstrated that (1) he formed a bona fide intention to appeal within the prescribed time limit; (2) he acted with reasonable diligence as per the explanations found in his motion; and (3) the proposed appeal has merit; [ 5 ] Considering that it is in the interests of justice to grant the extension of the time limit to appeal; FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] GRANTS the Motion to extend the time for appeal; [ 7 ] EXTENDS the time limit to appeal the judgment rendered on October 20, 2022 by the Honourable David Simon of the Court of Québec; [ 8 ] ALLOWS the filing of the notice of appeal dated November 30, 2022.
GENEVIÈVE MARCOTTE, J.A.
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