R. v. Grover (J.L.), (2015) 483 Sask.R. 247 (QB)
| Judge | Danyliuk, J. |
| Court | Court of Queen's Bench of Saskatchewan (Canada) |
| Case Date | September 15, 2015 |
| Jurisdiction | Saskatchewan |
| Citations | (2015), 483 Sask.R. 247 (QB);2015 SKQB 278 |
R. v. Grover (J.L.) (2015), 483 Sask.R. 247 (QB)
MLB headnote and full text
Temp. Cite: [2015] Sask.R. TBEd. OC.026
Jagdish L. Grover (appellant) v. Her Majesty the Queen (respondent)
(2014 QBCRM No. 69; 2015 SKQB 278)
Indexed As: R. v. Grover (J.L.)
Saskatchewan Court of Queen's Bench
Judicial Centre of Saskatoon
Danyliuk, J.
September 15, 2015.
Summary:
Grover was charged with failing to stop at a red light. He did not appear at trial and was convicted in absentia. Grover applied under s. 23 of the Summary Offences Procedure Act to set aside the conviction and set a new trial date. The application was denied. Grover appealed.
The Saskatchewan Court of Queen's Bench dismissed the appeal.
Courts - Topic 8044
Provincial courts - Saskatchewan - Court of Queen's Bench - Jurisdiction - General - Grover was charged with failing to stop at a red light - He did not appear at trial and was convicted in absentia - Grover applied under s. 23 of the Summary Offences Procedure Act to set aside the conviction and set a new trial date - The application was denied - Grover appealed - The Saskatchewan Court of Queen's Bench dismissed the appeal - The court's jurisdiction to hear the appeal arose from s. 4(4)(b) of the Act, which incorporated the relevant Criminal Code provisions regarding "convictions, acquittals, sentencing or other orders made under summary conviction proceedings" - Grover had been served with notice of his court date - There was no intervening event beyond his control - His failure to appear was due to his own error or neglect - Nothing indicated that the judge who heard the s. 23 application had acted unfairly, improperly or contrary to statutory authority - No error of law or of fact was apparent - There was no miscarriage of justice.
Trials - Topic 1183
Summary convictions - Appeals - Jurisdiction - [See Courts - Topic 8044 ].
Trials - Topic 1328
Summary convictions - Verdicts - Setting aside - [See Courts - Topic 8044 ].
Trials - Topic 2024
Conduct of trial - Procedure - Trial - Ex parte - [See Courts - Topic 8044 ].
Trials - Topic 2646
Verdicts and discharges - Verdicts - Conviction in absentia - [See Courts - Topic 8044 ].
Counsel:
Jagdish L. Grover, on his own behalf;
Tamara A. Rock, for the Crown.
This appeal was heard by Danyliuk, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on September 15, 2015.
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R v Helm, 2016 SKQB 373
...of the case authorities. I have considered: Morgan; R v Lumbala, 2012 SKQB 64; R v Lahonen, 2015 SKQB 25, 468 Sask R 20; and R v Grover, 2015 SKQB 278. These cases all focus on ex parte trials, which this was not. Even so, these cases indicate that the appellant must establish a basis for h......
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PERRY v. R,
...or new trial on the charges before a different level of court”. See: R v Lumbala, 2012 SKQB 64 at para 8 [Lumbala] and R v Grover, 2015 SKQB 278 at para 6, 483 Sask R 247 [14] On an appeal against a default conviction entered under SOPA, the ability of this Court to interfere with a justice......
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GHOMAN v. R., 2017 SKQB 281
...the decision in Kimery was recently considered, but found to be distinguishable on its facts by Danyliuk J. of this court in R v Grover, 2015 SKQB 278, 483 Sask R 247. At para. 6 of his decision, Justice Danyliuk writes: ......
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R v Helm, 2016 SKQB 373
...of the case authorities. I have considered: Morgan; R v Lumbala, 2012 SKQB 64; R v Lahonen, 2015 SKQB 25, 468 Sask R 20; and R v Grover, 2015 SKQB 278. These cases all focus on ex parte trials, which this was not. Even so, these cases indicate that the appellant must establish a basis for h......
-
PERRY v. R,
...or new trial on the charges before a different level of court”. See: R v Lumbala, 2012 SKQB 64 at para 8 [Lumbala] and R v Grover, 2015 SKQB 278 at para 6, 483 Sask R 247 [14] On an appeal against a default conviction entered under SOPA, the ability of this Court to interfere with a justice......
-
GHOMAN v. R., 2017 SKQB 281
...the decision in Kimery was recently considered, but found to be distinguishable on its facts by Danyliuk J. of this court in R v Grover, 2015 SKQB 278, 483 Sask R 247. At para. 6 of his decision, Justice Danyliuk writes: ......