R. v Jeremy Ridley

canada, canadian, case law, court opinion, canlii, pescad, 2026peca11, 2026 peca 11 (canlii), 2026, peca, 11, (canlii), s1-ca-1548, 2026, criminal and statutory offences, summary conviction assault, conditional discharge, assault contrary to criminal code, s. 266(b), summary conviction appeal dismissed and further appeal pursued under criminal code, s. 839(1), secondary appeal described as exceptional, application for leave to appeal dismissed, procedure, appeals, leave to appeal, criminal code, s. 839(1), whether grounds identify an arguable question of law significant to the administration of justice, whether grounds identify a clear error of law and a strong likelihood of success, secondary appeals from a summary conviction appeal judge granted sparingly, application for leave dismissed, evidence, misapprehension of evidence, credibility, whether trial judge misapprehended evidence relating to the complainant’s infidelity, stringent misapprehension standard, r. v. lohrer, deference to findings of fact and credibility assessments, no clear error of law in the summary conviction appeal judge’s assessment, application for leave dismissed, evidence, misapprehension of evidence, delay in reporting, whether trial judge misapprehended evidence relating to delayed reporting and alleged motivation to fabricate, timing of complaint as one circumstance in the factual mosaic, r. v. d. (d.), no rational connection found supporting the theory, no error in summary conviction appeal judge’s assessment, application for leave dismissed, procedure, subpoenas, record of proceedings, whether failure to issue subpoenas and failure to record the subpoena application proceeding caused legal error, criminal code, ss. 698, 699(2)(b), no criminal code requirement to create a record, r. v. young, proposed witnesses not shown likely to give material evidence, application for leave dismissed