Supreme Court (Trial Division) of Prince Edward Island (Canada)

[1]                Section 825(b) of the Criminal Code, R.S.C. 1985, c. C-46, vests a summary conviction appeal court with discretion to dismiss an appeal for want of prosecution. The local rules of court represent a reasonable standard for the diligent prosecution of an appeal (R. v. Clarke, 1981 ABCA 185 at para. 4)....

[1]                This is a motion to dismiss a summary conviction appeal for want of prosecution and failure to comply with the Rules. In a companion case decided today (R. v. Bassett, 2026 PESC 9), the appeal court summarized the considerations arising from s. 825(b) of the Criminal Code, R.S.C. 1985, c. C-46, Rule 81.17

[1]                What should the court order in relation to monthly child support and s. 7 expenses?

[1]                Should the court grant John Thomas Flood (the “applicant” or “Mr. Flood”) an extension in which to file his notice of appeal, arising from the sentence imposed for a cannabis driving offence?  In particular, has the applicant demonstrated that justice requires an extension of time to be granted?

[1]                The parties twenty-year marriage ended in May of 2019.  The petitioner filed a petition for divorce in November of that year.  Two boxes of motion records, affidavits and exhibits, three Parenting Arrangement Assessments (PAA), at least four court orders and six years later the parties are...