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La Cour suprême reconnaît le délit d’intimate partner violence fondé sur le contrôle coercitif dans une relation intime et confirme 100 000 $ en dommages compensatoires.
The Supreme Court of Canada recognized a new tort of intimate partner violence, holding that coercive control in a marital relationship can create a distinct civil wrong.
The Ontario Court of Appeal dismissed an appeal from a conviction for the May 2023 sexual assault, finding no reversible misapprehension of evidence or insufficiency of reasons.
The Ontario Court of Appeal dismissed Charles Kennedy’s appeal from convictions for assault, unlawful confinement and sexual assault, rejecting arguments about consent and delayed reporting.
Trial judge found plaintiff's accounts internally inconsistent and inherently implausible, and materially contradicted by credible third‑party witnesses (particularly Mendel and Boyetchko) who described prolonged consensual interactions; on balance of probabilities first touching was consensual and second violent battery was not proven; further, even assuming liability, medical evidence did not establish on a balance of probabilities that the alleged second battery caused the claimed concussion/epilepsy; claim therefore dismissed.
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The appeal is dismissed because the trial judge properly applied the W.D. credibility framework and his findings—that the appellant intentionally applied force by raising his elbow causing the complainant to be propelled backwards—are supported by the evidence (including the accused's own testimony); there was no reasonable apprehension of bias, no improper reliance on unadvanced theories, no prejudicial disclosure failure, and no ineffective assistance that caused a miscarriage of justice.
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On the balance of probabilities the respondent's allegations of physical and sexual assault and intentional infliction of mental distress were not proven due to credibility concerns, inconsistent and omitted evidence, failure to call independent corroborating witnesses and limited probative weight of recordings; property is divisible equally after crediting respondent's established excluded equity and valuing the family home at trial date; claimant entitled to a monetary award of CAD 301,967 representing his share after adjustments; costs each party bears own costs.
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Parts 1 and 3 of the Further Amended Notice of Civil Claim were struck out with leave to amend because the pleadings contained substantial amounts of evidence and unnecessary material and failed to concisely plead material facts and the specific elements required to meet statutory immunities and vicarious liability issues; summary judgment was denied because affidavit evidence was inadequate, hearsay concerns and disputed records created genuine issues for trial; security for costs was denied because plaintiff's impecuniosity and steps taken to address finances made an order disproportionate…
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The Ontario Court of Appeal dismissed an appeal from eight criminal convictions, holding the trial judge properly assessed credibility, religious motive evidence, demeanour, and evidentiary gaps.
The presumption in s.348(2) was rebutted by accepted evidence that the accused had a non‑indictable purpose (to see C.D. and obtain a phone), but the Crown nevertheless proved beyond a reasonable doubt that at the time of entry the accused intended to interfere with C.D.'s lawful use or enjoyment of the dwelling (mischief) and that he committed an assault by making a threatening gesture with a screwdriver while within present ability to apply force; accordingly the accused was convicted on both counts.
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