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The Ontario Court of Appeal held that s. 577 of the Criminal Code allowed a direct indictment after a provincial court election, and dismissed the abuse of process claim.
Federal Court dismissed a judicial review of the CHRC’s decision dismissing a bank-discrimination complaint, finding the decision reasonable and no procedural unfairness.
The Amended Statement of Claim is plain and obviously unsustainable: named committees are not legal entities; section 100 of the Paramedics Act grants statutory immunity that, on the pleaded facts, bars claims against the College Defendants; the Lawyer Defendants owed duties to their client and the ASOC fails to plead material facts necessary to sustain the alleged torts against them; summary judgment is warranted unless plaintiff is permitted to amend and does so by the court deadline.
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Ontario Court of Appeal dismisses a s. 11(b) delay appeal in R. v. M.E., holding the net delay stayed within the Jordan ceiling after apportionment of disputed periods.
In an extradition disclosure application, the court dismissed claims for charter-based and Canadian-gathered-evidence disclosure, finding no air of reality to alleged foreign investigative activity in Canada.
The court postponed Long Phi Huynh’s document-production obligation, ordered a case planning conference, and directed the parties to coordinate overlapping applications.
The Crown failed to prove beyond a reasonable doubt that the accused had knowledge and control of the drugs and imitation weapons found in the basement; a reasonable inference, grounded in the evidence and common experience, was that the accused was a visitor buying or using drugs and that others in the residence controlled the drugs. Consequently the accused is acquitted of possession for the purpose of trafficking and of the imitation‑weapons offences but convicted of the included offence of simple possession of 0.1 g of cocaine found on his person.
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In the context of an urgent case-managed application, the judge did not err in refusing pre-hearing cross-examination, did not demonstrate a reasonable apprehension of bias, and correctly dismissed the Charter claims; therefore the appeal is dismissed and the orders below are affirmed.
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The appeal is dismissed because the Claimant failed to file the required Charter notice at the General Division so the General Division properly declined to decide Charter issues, and the General Division correctly applied the Canada Pension Plan which provides no basis for retroactive full survivor pension payments prior to January 1, 2019; therefore there was no error of jurisdiction, law, or fact warranting allowing the appeal.
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The Court found the Crown disproved the accused's mistake of age defence by establishing he did not take all reasonable steps to ascertain age and by proving he was at least reckless and, in parts, wilfully blind as to the complainant's age and lack of consent; on that basis (and on the recordings and other evidence) the accused was convicted of sexual assault (s.271), sexual interference (s.151) and making child pornography (s.163.1(2)).
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