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On sentence appeal, the Court of Appeal reduced Deborah Oguntoyinbo’s global sentence, vacated the sentence on a withdrawn count, and adjusted restitution orders.
The appeal is dismissed because the chambers judge did not misapply the Miracle Feeds test, reasonably accepted the respondent's affidavit as disclosing a defence worthy of investigation given the oral contract and disputed facts, and there was no reasonable apprehension of bias; no palpable and overriding error warranted appellate intervention.
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Appeal allowed and a new trial ordered after the Court found the trial judge misapplied W.(D.) and used disbelief of the accused as a makeweight for guilt.
Extension of time was granted because appellants demonstrated a continued bona fide intention to appeal, respondents would not be unduly prejudiced by the delay, and it was in the interests of justice to decide the appeal on its merits; security for costs was ordered because appellants are in precarious financial circumstances, there is a real risk of non-recovery, the appeal's merits are weak, and the balance of prejudice favours requiring security for both the appeal and the Supreme Court proceedings.
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The Court of Appeal dismissed 2113626 Ontario Inc.’s appeal, upholding summary judgment on common employer liability and rejecting res judicata and abuse of process arguments.
The appeals were dismissed because the appellant failed to comply with the court-ordered extension to file the appeal record and transcripts, did not demonstrate a continuing bona fide intention to prosecute the appeals, caused ongoing prejudice to the respondent (including the stay of the divorce and restrictions on property), and identified no arguable errors justifying continued delay; dismissal under s.36(c) of the Court of Appeal Act was in the interests of justice.
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Where pre-sentence custody previously credited on a conviction that is later quashed was causally connected to the offences for which the current sentence is imposed, an appellate court may grant credit for that custody; new information demonstrating the link may be admitted under Palmer. Applying that principle, the court credited 1,349 days at 1.5:1 (2,024 days) and varied the sentence accordingly.
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The appeal is dismissed because the Court of Appeal found no palpable and overriding errors in the summary trial judge's factual findings that the solicitor obtained instructions to settle, that the client understood and consented to the mutual release, and that the solicitor's advice and conduct met the standard of a reasonably competent lawyer; therefore there was no basis to find solicitor's negligence.
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The stay application was dismissed because s.234 of the Family Law Act confines the power to suspend an operative order to the court that made the order; the operative Wright Order refused a stay and the appellant had not pursued the required appeal of that refusal to the Supreme Court under s.233. The Court of Appeal's exceptional jurisdiction to grant a stay where other avenues are closed (as noted in T.F.R.) did not apply because the appellant still had the procedural route to the Supreme Court. The no-fee application was granted because the appellant satisfied the financial criteria and h…
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The application for a stay was dismissed because the appellant failed to establish a serious issue to be tried regarding the refusal to permit cross-examination, failed to show irreparable harm from the refusal, and the balance of convenience favored allowing the underlying proceedings to continue given deference to the trial judge's discretionary management and the public interest in proportionality and efficient use of court resources.
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