What is the effect of defence counsel not pursuing the issue at trial?
Ontario, Canada
The following excerpt is from R. v. Simeunovich, 2019 ONCA 856 (CanLII):
The appellant now seeks to adduce this evidence on appeal. We dismiss the application. It was open to the appellant to pursue this issue in the manner suggested by the trial judge. It is evident from the record that defence counsel at trial made a tactical decision not to pursue the issue. There is no suggestion that the trial counsel’s representation of the appellant was inadequate. Consequently, the appellant is unable to surmount the due diligence criterion established in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759.
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