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La Cour d’appel de l’Ontario a conclu que l’ordonnance Raki était interlocutoire et que l’appel devait plutôt être porté à la Cour divisionnaire avec autorisation.
Imputing income to a payor requires first considering whether the payor's voluntary reduction in hours and income was reasonable in light of age, health and work availability; failure to assess that reasonableness is an error of law justifying appellate intervention. Here entitlement to ongoing spousal support was affirmed but the imputed income was unsupported and was replaced by an assessed income of $310,000, producing monthly support of $5,224 effective January 1, 2025.
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The application is dismissed because the Charter arguments and evidence relied on were previously raised and rejected on appeal and therefore do not constitute fresh evidence or a basis to reopen the final dismissal; the application lacked merit and there was no need to decide jurisdiction to reopen a final order.
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The Court dismissed the appeal: the trial judge did not err in admitting Coore's testimony identifying the staircase event and, given Graat's fixed and principled exceptions, that testimony was admissible; the identification of the appellant as the second man followed ineluctably from acceptance of the encounter and its depiction; any residual reliability concerns did not require exclusion and, if error occurred, it was harmless under the curative proviso; the trial judge's video tracing, evaluation of discrepancies and motive evidence was reasonable and the verdict was not one a properly ins…
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The trial judge misapplied W.(D.) and failed to maintain the required focus on reasonable doubt by effectively treating the case as a credibility contest and rejecting the accused’s evidence on grounds not reasonably supportable by the record (literacy, memory of historical sentence, procedural confusion about variation, and unexplained emphasis on inconsistencies). Those legal errors and factual misappraisals were sufficiently central and unsupported to constitute a miscarriage of justice; appeal allowed, conviction quashed, new trial ordered before a different judge. The Gladue and sentenci…
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Majority: Although the trial judge incorrectly characterized admitted violent, threatening and intimidating conduct as past discreditable conduct, that error was not material because the judge accepted the violence but acquitted based on reasonable doubt as to whether the respondent exploited the complainant or benefited from exploitation; the judge considered the evidence, applied correct legal tests for trafficking, and the Crown failed to show with a reasonable degree of certainty the verdict would have been different. Dissent: the mischaracterization was an error of law that likely had a…
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British Columbia Court of Appeal allowed an appeal from dangerous driving convictions, finding material misapprehensions of evidence and legal error warranted a new trial.
The Court of Appeal considered admissibility of an overheard phone call, a concurrence instruction, and a jury question on bodily harm in a second degree murder appeal.
Application to stay driving prohibitions pending appeal was dismissed. The applicant failed to show hardship, and his driving record weighed against public confidence.
Extension of time denied because the applicant failed to demonstrate exceptional circumstances or a strong case of trial error: the alleged changes were known to or expressly contemplated by the trial judge and therefore could not constitute the requisite material change in circumstances for variation, so justice did not require an extension.
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