R. v. Chheda

Decided: 2026-10-01. Docket: C66508; M57224; M56321. Citation: 2026 ONCA 689 (CanLII). Procedure — Appeals — Reopening appeal — Summary dismissal — Whether it was in the interests of justice to reopen an appeal given finality and lengthy delay — Inherent or ancillary jurisdiction where no formal order issued — “No reasonable prospect of success” on Crown motion, Smithen-Davis and Benhsaien applied — Application to reopen dismissed | Evidence — Appeals — Fresh evidence — Whether proposed fresh evidence was really fresh and reasonably capable of changing the outcome — Attempt to pursue arguments not pursued in the first appeal — Due diligence concerns, evidence could have been obtained for trial — Lack of cogency and inability to affect verdict emphasised — Application had no reasonable pros