Application to extend time to file notice of appeal. Accused received a 4 year sentence minus 1:1 credit for pre trial custody time. Sentence was imposed as a result of a joint submission. A number of months later, the Supreme Court released Summers  1 SCR 575.
Held: Application granted.
“There is nothing in the record to suggest why defence counsel would not have sought 1.5 to 1 credit … After all, the precedent for doing so in Summers and Carvery had been established in Ontario and Nova Scotia (although the Supreme Court of Canada had not yet pronounced).”
E. Iginla, Defence Counsel