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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 dismissed an appeal over economic tort, fiduciary duty, non-competition and bonus disputes, and upheld costs awards to the respondents.
The trial judge's reasons were legally and factually deficient—long on recitation but conclusory on credibility, containing errors, conflations and unaddressed evidentiary issues (including the role of cocaine-related evidence)—such that meaningful appellate review was impossible; accordingly the appeal is allowed and a new trial ordered.
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The Supreme Court of Canada dismissed the appeal, holding there was no reviewable error in the Court of Appeal’s refusal to admit fresh evidence for lack of cogency.
Ontario Court of Appeal allowed both appeals in a murder case, holding that improper resemblance evidence, flawed W.(D.) instructions, and an improper closing warranted new trials.
The appeal is dismissed because the trial judge properly applied the W.D. credibility framework and his findings—that the appellant intentionally applied force by raising his elbow causing the complainant to be propelled backwards—are supported by the evidence (including the accused's own testimony); there was no reasonable apprehension of bias, no improper reliance on unadvanced theories, no prejudicial disclosure failure, and no ineffective assistance that caused a miscarriage of justice.
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The Ontario Court of Appeal upheld Damien Allred’s conviction, finding no reversible error in the trial judge’s refusal to let the in-custody accused sit at counsel table.
The Yukon Court of Appeal dismissed an appeal from a retroactive child support order, upholding the chambers judge’s departure from the presumptive notice date.
The Ontario Court of Appeal dismissed an appeal from conviction for importing heroin, upholding the trial judge’s credibility findings and rejection of the defence.
The Ontario Court of Appeal dismissed an appeal from eight criminal convictions, holding the trial judge properly assessed credibility, religious motive evidence, demeanour, and evidentiary gaps.
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