Canada Case Law

R. v. Ali

Court

British Columbia Court of Appeal

The application to vary the prior leave order is dismissed because the original decision appropriately accounted for the record's size and complexity, nothing material has changed, the revised factum remains unfocussed and inefficient, and permitting its length would frustrate the purposes of a factum and hamper the court and the respondent.

Source excerpt

• Factum length and page limits
• Leave to file extended factum
• Reconsideration of court order
• Use of chronology in factum
• Fairness versus efficiency in appellate briefing

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R. v. Nowack

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed Steven Nowack’s motion for production of redacted email material sought during his criminal appeal.

• Disclosure on appeal
• Fresh evidence
• Solicitor-client privilege
• Abuse of process
• Production under s. 683(1)(a)
• Trotta test

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Ontario Securities Commission v. Katmarian

Court

Court of Appeal for Ontario

Leave to appeal was denied on the fraud causation issue and granted only on whether R. v. Hodgson changes the test for entering a conviction on appeal under the Provincial Offences Act.

• Fraud
• Causation
• Conviction on appeal
• Leave to appeal
• Hodgson impact
• Substitution of conviction

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R. v. T.L.

Court

Court of Appeal for Ontario

The Ontario Court of Appeal allowed the appeal from two sexual assault convictions, holding the trial judge failed to address possible inadvertent tainting when assessing credibility.

• Inadvertent tainting
• Similar fact evidence
• Credibility and reliability assessment
• Curative proviso s.686(1)(b)(iii)
• Intellectual disability and suggestibility
• Inadvertent-tainting

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Moradi v. Whole Foods Market

Court

British Columbia Court of Appeal

Security for costs in the amount of $7,500 was ordered because the appeal was assessed as having little prospect of success and security was in the interests of justice; the appeal is stayed until security is posted; respondent granted an extension to file its factum until 30 days after posting; appellant's request for a stay of the lower court costs order was dismissed as unnecessary given respondent's undertaking not to enforce.

Source excerpt

• Security for costs
• Stay of proceedings
• Extension of time to file factum
• Judicial review
• Procedural fairness
• Reconsideration

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McCotter v. Mission Institution (Warden)

Court

British Columbia Court of Appeal

The Court has no jurisdiction under s.684 of the Criminal Code because the habeas corpus proceedings and related appeal are civil in nature (challenging prison administration and parole-related decisions rather than the validity of the warrant of committal); there is no statutory or rule-based authority for a justice of this Court to appoint state-funded counsel in a civil appeal; G.(J.) is distinguishable and does not authorize appointment here; accordingly the application for appointment of counsel is dismissed.

Source excerpt

• Appointment of counsel
• Habeas corpus
• Section 684 criminal code
• Section 7 charter
• Jurisdiction to appoint counsel
• State-funded counsel

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R. v. Smith

Court

Supreme Court of British Columbia

Because the sentencing judge indicated no reason to depart from the joint submission and no public interest or disrepute grounds existed, the judge was bound to accept the joint submission; the court granted leave to file late, allowed the appeal, and substituted an order to reflect the joint submission exactly.

Source excerpt

• Joint sentencing submission
• Departure from joint submission
• Extension of time to appeal
• Mootness
• Substitution of order

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R. v. Moore

Court

British Columbia Court of Appeal

The Chief Justice refused to direct a review under s.680 because the applicant failed to show it was arguable the chambers judge made material errors of fact or law in assessing collusion and similar fact evidence or that the chambers decision was clearly unwarranted; the chambers judge reasonably concluded the enforceability interest outweighed reviewability given the seriousness of the offences, the detailed trial findings and the low prospect that the collusion-related grounds would clearly surpass the not-frivolous threshold, and fresh medical/custody evidence did not alter that conclusio…

Source excerpt

• Release pending appeal
• Public interest balancing (enforceability vs reviewability)
• Similar fact evidence
• Collusion and inadvertent tainting
• Standard of review for review directions
• Expedited appeal

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Shapiro v. Shapiro

Court

Court of Appeal for Ontario

The Court of Appeal dismissed the appeal, holding that s. 76 of Ontario’s Succession Law Reform Act gives the Divisional Court exclusive jurisdiction.

• Succession law reform act s.76
• Divisional court exclusive jurisdiction
• Jurisdictional bar to appeal
• Succession-law
• Appellate-procedure
• Jurisdiction

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R. v. Cox

Court

Nova Scotia Court of Appeal

The motion is dismissed because the Crown complied with its procedural and disclosure obligations, the appeal record on file contains the materials necessary to advance the grounds of appeal, the sworn evidence about the Voxlog system establishes recordings cannot be altered and the appellant produced no evidence of tampering or omission, and the additional full-day recordings sought were not shown to be relevant to the appeal.

Source excerpt

• Audio recordings
• Tampering allegations
• Post-conviction disclosure
• Prisoner appeal
• Appeal record preparation
• Remedies (setting aside conviction)

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