Canada Case Law

Dempsey v. Pagefreezer Software

Court

Nova Scotia Court of Appeal

Motion dismissed because applicant failed to establish serious grounds for a reasonable apprehension of bias; the judge's referral to the panel, participation on a panel that dismissed a prior appeal, and denial of an excusal from filing requirements were proper exercises of discretion and ordinary adjudicative acts; speculative and unsupported allegations (including purported 'cognitive tampering') are irrelevant and insufficient to displace the presumption of impartiality.

Source excerpt

• Recusal
• Reasonable apprehension of bias
• Judicial impartiality
• Sealing/confidentiality
• Filing requirements

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Canada Employment Insurance Commission v TT

Court

Social Security Tribunal of Canada

Because the EI Act contains no express or necessarily implied retroactive application and the statute fixes the maximum weeks applicable when a claimant's benefit period is established, a claim established before December 18, 2022 is governed by the pre-amendment 15-week maximum; the General Division erred in applying the 26-week amendment to a claim established prior to its commencement.

Source excerpt

• Sickness benefits
• Benefit period
• Retroactivity
• Error of law
• Statutory interpretation

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Maung v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed judicial review of an Appeal Division leave refusal, finding no procedural unfairness and no unreasonable error under the Employment Insurance Act.

• Compassionate care benefits
• Family caregiver benefits
• Benefit period rules
• Leave to appeal
• Procedural fairness
• Standard of review

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R. v. Pilgrim

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal allowed the appeal and set aside a probation order that had become illegal after a later 2.5-year sentence was imposed.

• Probation order invalidation
• Ancillary orders
• Effect of subsequent sentence on existing orders
• Setting aside orders
• Probation-orders
• Sentencing

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R. v. Jones

Court

Nova Scotia Court of Appeal

The Court admitted the fresh evidence because defence counsel provided a satisfactory explanation for not calling the witnesses at trial (relaxed due diligence), the affidavits were relevant and credible, and, if believed, could have reasonably affected the result by eliminating the trial judge's alternative basis for convicting. The Court found the trial judge had misapprehended material evidence concerning the timing and recipient of telephone calls, that this misapprehension materially contributed to the conviction, and that a miscarriage of justice occurred; accordingly the conviction was…

Source excerpt

• Counselling to commit murder (s.464 criminal code)
• Admissibility of fresh evidence on appeal
• Palmer test and due diligence
• Misapprehension of evidence
• Miscarriage of justice
• S.683 and s.686 criminal code

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R. v. Skiffington

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from a second-degree murder conviction, holding the jury charge was adequate on fact-finding, exculpatory statements, and confession reliability.

• Miller error (finding facts from evidence)
• Hodgson warning (unreliability of confessions)
• Use of exculpatory out‑of‑court statements
• Admissibility of undercover confession
• Miscarriage of justice
• Jury-instructions

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R. v. Myers

Court

British Columbia Court of Appeal

La Cour refuse la mise en liberté judiciaire de l’appelant en attendant l’appel, vu ses antécédents de violence, ses manquements passés et le risque pour le public.

• Judicial interim release
• Section 679(3) criminal code
• Risk to public and breach of court orders
• Identification evidence and unreasonable verdict
• Judicial-interim-release
• Bail-pending-appeal

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