APPEALS - Burden on appellant

Law360 Canada (July 7, 2023, 12:33 PM EDT) -- Application by Crown for an order dismissing the appeal of Penner for want of prosecution. Penner was charged with having committed first-degree murder in June 2017. He filed a notice of appeal and obtained counsel through the Yukon Legal Services Society (LSS). However, he discharged that counsel before a factum could be filed. Since then, there have been several case-management hearings before the appellate court’s Deputy Registrar. With one exception, Penner refused to appear at those hearings. Because Penner failed to diligently pursue his appeal, the matter was referred to the court. When Penner refused to appear before the court, it appointed amicus curiae to review the merits of the appeal. Following the receipt of amicus’s report, another hearing before the court was scheduled. When Penner again refused to appear, the Crown sought an order dismissing the appeal for want of prosecution....
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