Appendixes B. Sample Notice of Application for Release Pending Appeal (Ontario)

• Author: Brian H Greenspan/Vincenzo Rondinelli/Jonathan Dawe/Maureen McGuire/Michael Dineen/Mark Halfyard
• Pages: 193-194

193

Sample Notice of Application for

Release Pending Appeal (Ontario)

B

Form 11 (rev. 11/21) CSD

Notice of Motion

Form 11, Criminal Appeal Rules,Court of Appeal for Ontario

C

Court File No. (if known)

M

Motion No. (if known/applicable)

COURT OF APPEAL FOR ONTAR IO

BETWEEN:

HIS MAJESTY THE KING

Respondent

-and -

Jane Doe

(specify name)

Appellant/Applicant

NOTICE OF MOTION

TAKE NOTICE that a motion will be brought to

a Judge of the Court of Appea l

(a panel of the court or to a judge of the court)

on

November 4, 202

, for an order granting

(a date fixed by the Registrar or

specify date if motion to a judge)

(Set out relief sought.)

release from custody pending t he hearing of the appeal against co nviction on the charges of

aggravated assault, assault with a weapon, possession of weapons for a dangerous purpose,

and assault, contrary to sections 268, 267(a), 88, and 265 of the Criminal Code, registered by

the Honourable Justice XXXXX on March 4, 202 at the Ontario Court of Justice at Toronto,

Ontario.

THE GROUNDS FOR THIS MOTION ARE:

1. That the Applicant’s cont inued detention is not necessary in the public interest;

2. That the Applicant will sur render into custody as required;

3. That the conviction appea l is not frivolous; and

4. Such further and other grounds as counsel may advise and this Honourable Court may permit.

THE BASIS OF THE PANEL’S/JUDGE’S JURISDICTION IS:

(Outline the jurisdiction of the panel or a judge to hear the motion and to grant the relief requested.)

5

5

section 67 of the Criminal Co de

9

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