Canada Case Law

Genesis Mortgage Investment Corp. v. Blais

Court

British Columbia Court of Appeal

Leave to appeal was granted and a stay ordered because the issue of whether a lender awarded indemnity costs in foreclosure can be compelled to disclose privileged legal invoices and submit to an assessment before redemption is novel and important, the appeal has arguable merit, Genesis would suffer irreparable harm from an immediate waiver of solicitor‑client privilege, and the balance of convenience favoured a stay given the respondents' protections and concessions.

Source excerpt

• Indemnity costs
• Assessment of costs
• Right of redemption
• Stay of execution
• Waiver of privilege

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R. v. M.H.

Court

Court of Appeal for Ontario

Court of Appeal for Ontario ordered limited cross-examination of the complainant on a fresh-evidence motion, centered on post-conviction recordings and a later police statement.

• Fresh evidence
• Recantation
• S. 683 cross-examination
• Non-communication order
• Abuse of process
• Publication ban

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Ponomarov v. Canada (Attorney General)

Court

Federal Court of Appeal

The appeal is dismissed because the Federal Court correctly applied the reasonableness standard, the Appeal Division's decision was within the range of reasonable outcomes, and the appellant failed to demonstrate a legal error or factual misapprehension that would justify appellate intervention; courts may not reassess evidence to reach a different conclusion under the reasonableness standard.

Source excerpt

• Judicial review
• Reasonableness standard
• Misconduct
• Voluntary leaving
• Procedural fairness
• Leave application

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R. v. Matthews

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed Omar Matthews’s appeal, holding that 17 years of inaction without follow-up did not amount to due diligence.

• Delay in prosecution
• Due diligence on appeal
• Transcript production
• Dismissal for delay
• Highway traffic act conviction
• Due-diligence

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R. v. Tuel

Court

Yukon Court of Appeal

The Yukon Court of Appeal dismissed an application for assigned counsel under s. 684(1) of the Criminal Code, finding no arguable ground of appeal.

• Assignment of counsel
• Interests of justice
• Arguable appeal standard
• Unreasonable verdict
• Judicial bias
• Section 684 criminal code

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R. v. D.P.R.

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario granted the Crown’s motion to bifurcate a sentence appeal from a conviction appeal, citing delay relative to a short conditional sentence.

• Bifurcation of appeals
• Leave to appeal sentence
• Conditional sentence
• Reincarceration
• Delay
• Criminal-law

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Yu v. Oechsner

Court

British Columbia Court of Appeal

An order under DEER dealing with exclusion of disbursements is an order 'in respect of costs' within Rule 11(f) so appeals from such orders require leave under R.11(f) and (g); leave to appeal was refused because the appeals lack sufficient merit and are moot or no longer significant given settlements, so denying leave is in the interests of justice.

Source excerpt

• Disbursement cap under deer
• Meaning of 'incurred' in s.5(8)(a) deer
• Limited appeal orders (r.11(f),(g))
• Leave to appeal
• Mootness and settlements

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R. v. Lee

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed an extension-of-time motion to appeal a sentence fine, finding inordinate delay, no admissible evidence, and no merit.

• Extension of time to appeal
• Joint submission on sentence
• Fine computation
• Delay and inordinate delay
• Deference to trial sentence
• Ineffective assistance of counsel

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R. v. M.H.

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed the Crown’s motion for directions, holding it was premature for a single judge to bar cross-examination on a fresh-evidence motion.

• Fresh evidence
• Recantation
• Cross-examination
• S.683 criminal code
• Criminal appeal rules r.27(8)
• Publication ban s.486.4

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Mann-Campbell v. JUUL Labs Canada, Ltd.

Court

Supreme Court of British Columbia

The court dismissed JUUL’s application for recusal in a proposed class action, holding the prior reasons contained binding findings and that any challenge belongs on appeal.

• Certification
• Adjournment
• Recusal
• Prejudice and reasonable apprehension of bias
• Procedural fairness
• Judicial-recusal

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