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The Supreme Court of Canada dismissed Patrick Street’s appeal, holding that cause of action estoppel barred its renewed claim to payment under a $4 million mortgage.
La Cour accueille la requête du ministre et rejette l’appel après le défaut de l’appelant de comparaître à un interrogatoire préalable et son recours à des arguments pseudo-juridiques.
The Court of Appeal upheld an order striking an appellant’s family-law application for prolonged non-disclosure, finding the remedy justified under Rule 1(8).
The appeal is allowed because the trial judge denied the mother natural justice by failing to give timely and adequate notice that her decision-making role might be extinguished, failed to apply the required legal analysis for varying an existing order (no finding of material change in circumstances), and materially misapprehended evidence about the mother's decision-making and cooperation; accordingly the decision-making portion of the order was set aside and the mother reinstated as primary decision-maker subject to consultation obligations with the father and stepfather.
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The Ontario Court of Appeal dismissed an appeal from a conviction for the May 2023 sexual assault, finding no reversible misapprehension of evidence or insufficiency of reasons.
The Court of Appeal for Ontario held that a s. 517 Criminal Code non-publication order prevented public release of its reasons until the ban ends.
The trial Justice of the Peace’s factual findings that the appellant was the identified driver, that his admission was voluntary, and that being in the driver’s seat with control of steering/brakes satisfied the Motor Vehicle Act definitions were reasonably open on the evidence; those findings attract deference on appeal and no palpable and overriding error or error of law was shown, so the conviction and sentence stand.
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After applying Friesen and Sheppard, weighing aggravating factors (young victim, father‑daughter trust, duration, frequency, escalation to penetration, severe psychological harm, confinement) against mitigation (first offender, pro‑social history, compliance with conditions, health issues), the court imposed an aggregate custodial sentence of eight years (individual sentences: s.155 incest 10 years; s.151 sexual interference 7 years concurrent; s.173(2) indecent act 2 years concurrent; s.279(2) unlawful confinement 2 years concurrent, reduced to 8 years for totality) and granted the Crown's a…
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The Federal Court allowed judicial review of a CERB ineligibility decision, finding the CRA agent failed to engage with gross-versus-net income and summer employment arguments.
The Ontario Court of Appeal dismissed a conviction appeal in a sexual interference case, finding the jury was properly instructed on reasonable doubt and no further limiting instruction was required.
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