Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
Trial judgment on sexual offences involving four complainants. The court convicted on five counts, acquitted on two, and relied in part on similar fact evidence and credibility findings.
The court ruled on similar fact evidence in a judge-alone sexual offence case, admitting some prior and count-to-count evidence while excluding other allegations.
The court admitted Charles Bremner’s discovery and execution-examination transcripts against both defendants, finding a common-interest exception and, alternatively, Rule 12-5(54).
The appeal was dismissed because the appellant had not proven a severe disability by the relevant MQP date: he failed to follow recommended mental health assessment and treatment without a reasonable explanation, and such treatment could have improved his condition, so severity could not be established on the balance of probabilities.
Source excerpt
The court acquitted the accused on two historic sexual-offence counts, finding Count 1 impossible on the documentary record and Count 2 unreliable beyond a reasonable doubt.
The judge accepted parts of the complainant's evidence and rejected parts of the accused's; finding beyond a reasonable doubt that on multiple specified occasions the complainant subjectively did not consent to sexual intercourse and one incident of oral sexual activity, and that the accused failed to take reasonable steps to ascertain consent (thus no defence of honest but mistaken belief), the accused was convicted on Counts 1 and 2 (sexual assault) and Count 4 (assault). Count 3 (alleged intercourse resulting in pregnancy) and Count 5 (uttering threats) were not proven beyond a reasonable…
Source excerpt
The court dismissed a declaration application that the defendant had waived solicitor-client privilege over litigation strategy. Costs were awarded to the defendant.
Applying the W.(D.) framework and Paciocco's credibility checklist the judge found the complainant credible and reliable on the material allegations, found the accused's account not creditworthy on multiple material points, concluded there was no proven motive to fabricate, considered the evidence as a whole and reached a considered and reasoned acceptance beyond a reasonable doubt of guilt; accordingly convicted on s.151 and s.271 offences.
Source excerpt
The court found the father did not gift 802 to his daughter, held she converted $423,900 and left a $10,000 loan unpaid, and ordered tracing and accounting for possible proprietary relief.
On the totality of the evidence the court was satisfied beyond a reasonable doubt that Vanessa Burgess, while in conflict with her intoxicated father, pushed him with sufficient force at the top of the steep basement stairs to propel him to the bottom where he struck his head and sustained catastrophic brain injuries causing death; the medical and testimonial evidence did not support the novel trial claim that the mother inflicted a fatal kick, and the accused's account amounted to an angry, not defensive, act, so self-defence under ss.34(1) or 37 did not apply; accordingly the accused was gu…
Source excerpt
Explore more
