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Canada decisions
Decisions matching the current search
The Supreme Court of Canada allowed the respondent’s motion to adduce new evidence and dismissed the appeal. Reasons were to follow.
The Court of Appeal for Ontario dismissed the Crown’s appeal from acquittals, finding no error of law in the trial judge’s credibility, reliability, or reasonable-doubt analysis.
Leave to appeal was refused because, on the interests of justice, the proposed appeal would not advance the underlying judicial review, some grounds were only arguable or fact‑specific and entitled to deference, the petition was promptly rescheduled for hearing shortly making any appeal likely moot, and the balance of factors (including potential distraction and lack of broader significance) weighed against granting leave.
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Perry demonstrated an inability to focus on the real issues, repeatedly failed to comply with timelines, and persistently commenced and continued vexatious proceedings by bringing prolix, repetitive and unsupported allegations of fraud and misconduct; accordingly a s.22 order was warranted to prevent further abuse of this Court's process, with specified leave conditions and narrow exceptions.
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Arkell v. British Columbia (Civil Resolution Tribunal)
The application to extend time was dismissed because the proposed appeal had no prospect of success: the chambers judge granted the appellant the relief sought (remittal and costs) and the conflict allegations were not properly raised at first instance so remittal affords the appellant the opportunity to raise them; it is not in the interests of justice to permit an appeal that is doomed to fail.
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The British Columbia Court of Appeal dismissed an application for pre-appeal disclosure. The court held the requested materials were too speculative or barred by deliberative secrecy.
The motion for production of documents was dismissed because the requested records were not shown to be relevant to the validity of the 2015 Will and the appellant failed to demonstrate due diligence required by the Palmer test to justify fresh evidence; accordingly production would not be granted and the motion fails.
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The Court of Appeal dismissed the Beckers’ appeal and motion to vary, holding their proposed 15-degree bend theory was an abuse of process and unavailable under r. 59.06.
The Court of Appeal dismissed an application to remove an appeal from the inactive list, finding the delay in prosecuting the appeal inordinate, unexplained, and unlikely to lead to success.
The Court of Appeal dismissed Mr. Jeffries’ application to reactivate his appeal from the inactive list, citing significant delay, weak merits, and no interests-of-justice basis.
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