Appendix C - Sample Notice of Application for Release Pending Appeal (Ontario)

• Author: Mark C. Halfyard/Michael Dineen/Jonathan Dawe
• Pages: 235-238

235

Sample Notice of Application for

Release Pending Appeal (Ontario)

C

1

C

M

COURT OF APPEAL FOR ONTARIO

IN THE MATTER of an Application for Interim Judicial Release Pending the

Hearing of an Appeal pursuant to section 679 of the Criminal Code of Canada.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

-and-

BERNARD BENJAMIN

Appellant/Applicant

NOTICE OF APPLICATION FOR RELEASE PENDING APPEAL

TAKE NOTICE that an Application will be brought on Wednesday, the 2nd day of

November, 2016, at 10:00 in the forenoon or so soon thereafter before a Justice in

Chambers at the Court of Appeal for Ontario, Osgoode Hall, 130 Queen Street West, for

an order releasing the Applicant, Bernard Benjamin, from custody pending the hearing

of his appeal against his conviction on the charges of aggravated assault, assault with a

weapon, weapons dangerous and assault simpliciter, contrary to sections 268, 267(a), 88

and 265, all of the Criminal Code of Canada, respectively, registered by the Honourable

Justice Bacchus on March 4, 2016 at the Ontario Court of Justice at Toronto, Ontario,

upon such terms and conditions as this Honourable Court may deem just;