1. Case Name:
R. v. Klimov
Between
Her Majesty the Queen, Respondent, and
Jevgeni Klimov, Applicant
[2007] O.J. No. 215
2007 CarswellOnt 175
Docket: M34449
Ontario Court of Appeal
Toronto, Ontario
S.T. Goudge J.A.
January 9, 2007.
(3 paras.)
Counsel:
Matthew R. Riddell as agent for the appellant.
Joseph Perfetto for the respondent.
1 S.T. GOUDGE J.A. (endorsement):-- The Crown points out the relatively narrow grounds on
which leave to appeal to this court on a POA matter can be granted, but also fairly acknowledges
that the Provincial judge erred in denying the applicant's motion to extend time to appeal, by saying
that the appellant was not advancing a defence that was a defence at law. There appears to be no
other basis to deny the motion.
2 In my view the result is that the appellant was denied his right to a trial through judicial error.
Despite the very minor nature of the underlying charge, I am of the view that the right to trial is a
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2. question of law that does not depend on the gravity of the charge to be tried and that where it is
denied through judicial error, it is in the public interest that leave be granted.
3 So ordered.
qp/t/qlbxm/qlbxs/qlrxg
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