What is the test for a motion to have the Court of Appeal granted a Certificate of Appeal?
Ontario, Canada
The following excerpt is from R. v. Dawson, 1997 CanLII 12348 (ON SC):
Certiorari and its modern-day equivalent are discretionary remedies. They do not issue as of right. The remedy may be refused where there is another recourse available to an applicant: see Forsythe v. R., supra, at p. 228 C.C.C., per Laskin C.J.C. 5. The circumstances of the case (a) Introduction
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