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The court set aside its earlier costs decision and awarded the defendant costs at Scale B, holding that his perjury barred special costs but not ordinary costs.
The Court concluded the trial judge did not err in principle and the one-year consecutive sentence for contempt was not demonstrably unfit; the appellant was not entitled to conversion of the consecutive sentence to concurrent on the facts presented, so the sentence was upheld.
Source excerpt
Benjamin Robinson, a former RCMP corporal, was sentenced for perjury committed during the Braidwood Inquiry about Robert Dziekanski’s death.
The court refused to dismiss the action outright, struck or required amendment of unclear pleadings, and ordered an amended notice of civil claim to be filed by January 9, 2015.
The court sentenced Inderjit Singh Reyat to 9 years for perjury arising from the Air India trial, crediting 17 months for pre-trial custody.
Costs awarded after trial: special costs against the Rawlins defendants, Scale B costs for the realtor defendants before March 27, 2009, and double Scale B costs after that date.
The Court of Appeal dismissed an application for an extension of time to file appeal materials, finding the proposed appeal had no realistic prospect of success.
The court struck out a defamation and malicious prosecution claim as statute-barred and unsupported, holding the challenged statements were privileged and no civil action lay for testimony in court.
The Court upheld the motions judge's finding that the appellants failed to prove perjury: the taped conversation, even if referring to the respondent, and the proposed affidavits (which were not fresh) did not together constitute clear and cogent evidence of deliberate misleading; therefore the appeal was dismissed and costs awarded.
Source excerpt
The Supreme Court of Canada held that recantation during the same hearing does not negate a completed perjury offence, though it may matter for sentence.
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