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Canada decisions
Decisions matching the current search
The Court of Appeal for Ontario dismissed a criminal appeal from convictions for sexual assault and assault, upholding a trial judge’s refusal to hear a mid-trial disclosure application.
The Supreme Court of British Columbia dismissed an application to re-open a 44-day trial based on post-trial disclosure of Lee Documents, finding no miscarriage of justice or likely change in result.
Appeal dismissed from a trial judgment in a dental-practice sale dispute. The Court upheld the refusal to reopen the case for new witness evidence and an adverse inference over missing records.
The Supreme Court of British Columbia refused to adjourn the trial, finding the issues were sufficiently identified, the request was late, and delay would prejudice the plaintiff.
The court held the adverse party witness rule allows cross-examination generally on pleaded issues and refused to limit it to what was strictly necessary to prove the plaintiff’s case.
The court refused to require Karine Boily to testify by affidavit, holding the application was premature and would unduly restrict the Conseil’s presentation of its case.
The court dismissed a trial application to admit a late expert medical report about a witness’s cognition and refused to abridge service time.
The court dismissed an accused’s request to revisit an order refusing mid-testimony cross-examination of a Crown DNA witness after a longer-than-expected gap between testimony parts.
The Court of Appeal dismissed Mr. Niloufari’s application for leave to appeal after the trial judge refused a further adjournment and the action was dismissed for abandonment.
The court refused to let defence counsel ask witnesses to power up seized BlackBerrys in open court, citing risks of data alteration and an ongoing investigation.
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