Plourde v Manitoba (Prosecution Service)

canada, canadian, case law, court opinion, canlii, mbca, 2026mbca62, 2026 mbca 62 (canlii), 2026, mbca, 62, (canlii), ai25-30-10281, 2026, procedure, extension of time, appeal book and factum, rule 28.1, court of appeal rules (civil), whether applicant established continuous intention, reasonable explanation, and arguable grounds of appeal, arguable ground defined as realistic and capable of convincing a panel, crown contested arguable grounds only, extension motion dismissed, procedure, extension of time, arguable grounds of appeal, r v do, 2018 mbca 50, whether there are arguable grounds to appeal dismissal of challenge to stays of a private prosecution, grounds in notice of appeal reviewed and found not arguable, threshold for extension not met, motion dismissed, statutory interpretation, criminal procedure, stay of proceedings, criminal code, ss. 507.1 and 579, meaning of “proceedings in relation to an accused . . . are commenced”, whether proceedings commence only after a s. 507.1 hearing, prior authorities applied that proceedings commence once an information has been laid, argument rejected, no arguable ground found, criminal and statutory offences, private prosecution, prosecutorial discretion, abuse of process, r v anderson, 2014 scc 41, krieger v law society of alberta, 2002 scc 65, whether a crown stay is reviewable other than for abuse of process, flagrant impropriety threshold noted, applicant did not assert abuse of process, alleged charging standard error, ground lacked merit, no arguable ground found, evidence, record on appeal, transcripts and filed material, whether judge failed to allow applicant to present evidence in full, transcripts reviewed for support, judge reviewed all filed material, including affidavit and approximately fifty exhibits, numerous medical records included, allegation not borne out by the record, no arguable ground found