The threshold for granting leave to appeal under ss. 131 and 139 of the Provincial Offences Act requires the Applicant to establish: 

  1. Special Grounds

  2. on a question of law alone

  3. that, in the particular circumstances of the case, it is essential in the public interest or for the due administration of justice that leave be granted

What constitutes “special grounds” in s. 131(1) is informed by the requirement in s. 131(2) that it is essential in the public interest or for the due administration of justice that leave be granted.  The threshold for granting leave is very high. The same considerations apply in respect of appeals under s. 139 of the Provincial Offences Act.

R v El-Kasir, 2017 ONCA 531 at paras 21-22