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The Court Martial Appeal Court dismissed the appeal, upholding convictions for sexual assault and rejecting language-rights, Jordan, consent, and evidence challenges.
The Court of Appeal held that the accused should have been allowed to cross-examine the affiant about condominium-garage surveillance used to support the warrants, and ordered a new trial.
Appeal dismissed in a sexual assault conviction case. The Court found no s. 10 Charter breach, no ineffective assistance of counsel, and no error in the W.(D.) analysis.
The Court of Appeal ordered a new trial after finding the trial judge improperly treated the appellant’s silence during a police interview as a tacit admission of guilt.
The Supreme Court upheld Hussein’s murder conviction while clarifying Corbett: prior convictions remain admissible for credibility, but violent and youth convictions may be excluded.
The Court of Appeal dismissed a family law appeal from a contempt finding, a 90-day jail sentence, and financial orders, holding the procedure was fair and the injunction covered new accounts.
The Ontario Court of Appeal allowed a conviction appeal, finding ineffective assistance of counsel for failures on testifying and in-person appearance, and ordered a new jury trial.
The presiding justice denied the Crown's s.516(1) adjournment because the Crown had no good‑faith, bail‑related reason to adjourn: the police/Crown had six months to prepare, provided insufficient material at first appearance, and there was no reasonable prospect that witnesses would need to be called at a bail hearing for a six‑month‑old $40 liquor theft. Police conduct frustrated s.503 judicial oversight and the attending Crown representative was unprepared and unbriefed; accordingly continued detention was not justified and the accused was released on an undertaking to attend court.
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The Ontario Court of Appeal dismissed Luan Ngo’s conviction appeal, holding the no-knock entry was justified under Cornell and that no s. 8 breach was shown.
The court acquitted Doyle Angus of sexual assault after finding it could not prove identity beyond a reasonable doubt.
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