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The Federal Court dismissed a mandamus application seeking a decision on an inland spousal permanent residence file, finding the delay justified by ongoing security screening and admissibility review.
Ontario Court of Appeal decision on cross-count similar fact evidence in a doctor sexual assault case; the majority dismissed the appeal, while one judge would have allowed it in part.
The motion to admit fresh evidence was dismissed because the proffered documents failed the Palmer test: the evidence was not relevant to any decisive issue (it was collateral), was not credible on the balance of probabilities, and even if believed would not have affected the trial outcome; therefore admission was unjustified.
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The court found the Crown met the statutory threshold under ss.31.1-31.8 for the FBI materials and admitted the proffered documents subject to targeted redactions: remove paragraphs 1 and 7 of the June 12, 2017 email and replace paragraph 3 with the edited text specified by the court; majority of Tab 2 admitted as edited and Tabs 1,3,4,5,6,7 admitted in full.
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The Crown was granted leave to cross-examine the accused about the prior conviction because the court found the evidence relevant to mens rea and the accused's excuse, and after applying the Handy factors the probative value of the proposed evidence outweighed its prejudicial effect; questioning is permitted only within the limits set by s.12 and the court's directions to avoid propensity reasoning.
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The Ontario Court of Appeal dismissed Matthew Armstrong’s appeal from robbery convictions, holding the verdict was reasonable and the electronic messages were properly assessed.
The Court of Appeal for Ontario granted a motion to include motion transcripts in the appeal record and extended time to perfect the appeal after an unsworn affidavit issue.
Case management ruling in a CHRA proceeding about witness objections, document production, and pre-hearing admissibility of third-party reports.
The court dismissed a request to adduce similar fact evidence from five former students, finding the alleged similarities were too generic. Leave to amend the pleadings was granted in part.
The Federal Court dismissed Ms. Kan’s judicial review of a refusal to reconsider a misrepresentation finding, holding the visa officer’s brief reasons were reasonable in context.
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