Appendix H - Sample Notice of Application for Leave to Introduce Fresh Evidence (Ontario)

• Author: Mark C. Halfyard/Michael Dineen/Jonathan Dawe
• Pages: 255-263

255

Sample Notice of Application for Leave

to Introduce Fresh Evidence (Ontario)

H

C53617

COURT OF APPEAL FOR ONTARIO

B E T W E E N:

HER MAJESTY THE QUEEN

Respondent

- and -

JASON NICEVSKI

Applicant/Appellant

NOTICE OF APPLICATION FOR LEAVE TO INTRODUCE FRESH EVIDENCE

TAKE NOTICE that an application will be made on behalf of the Applicant, before the

panel hearing the appeal, on a date to be set by the Registrar of the Court, for an Order

pursuant to the provisions of Section 683 of the Criminal Code of Canada that the

following material be received and considered by this Honourable Court in response to

the Applicant’s appeal against conviction:

1. The Report of Rachelle Wallage, Forensic Toxicologist, Centre of Forensic

Sciences (CFS), dated May 30, 2012 and attached C.V.;

2. A copy of the Toxicology Report from the CFS dated August 22, 2008;

3. A copy of the Sexual Assault Forensic Evidence Form, dated July 19, 2008;

4. Follow up Questions Asked Regarding Toxicology Report (re: Fresh

Evidence of Rachelle Wallage, M. Sc., Forensic Toxicologist, CFS); and,

5. An affidavit from Andrew Vaughan, trial counsel for the Appellant,

and such further and other material as counsel may advise and this Honourable Court

permit.