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
Application for document production dismissed because the requested TD Bank records were sought only to impeach credibility, which is not a proper basis for disclosure under Rule 7-1.
The Appeal Division dismissed the appeal because the General Division did not commit a reviewable error of law or fact: it reasonably weighed medical and non‑medical evidence, properly considered the claimant's functional limitations and personal circumstances, and rationally concluded the claimant did not meet the CPP definition of a severe and prolonged disability as of December 31, 2020.
Source excerpt
The court held that the complete investigative file concerning a new charge against protected witness A.B. was not first-party disclosure and remained subject to third-party/WPPA procedures.
The court refused to admit a late-disclosed recording, transcript and translation, finding prejudice to the claimant, no reasonable excuse, and low probative value.
The proposed evidence met the fresh evidence criteria—relevant to the decisive issue of consent, reasonably capable of belief, and likely to have affected the jury's verdict—therefore the conviction was set aside and a new trial ordered (with that order stayed).
Source excerpt
The trial judge erred by using roadside statements made prior to being informed of the right to counsel to undermine the appellant's credibility and by relying on the appellant's silence about experiencing a panic attack in assessing reasonable excuse, contrary to the principles protecting pre-counsel roadside evidence and the right to silence; the convictions were set aside and a new trial ordered; the summary conviction appeal judge erred by failing to address the s.7 argument.
Source excerpt
The judge concluded the dispute, fundamentally about interpretation and scope of a written guarantee, can be fairly and effectively resolved by way of application with appropriate and generous documentary disclosure and directions; Maritime Travel failed to satisfy the burden under Rule 6.02(2) to justify conversion to an action, so the motion to convert was dismissed.
Source excerpt
The court accepted the Crown's evidence that Herbert Boudreau struck Michael Ryan with a galvanized pipe and used excessive force beyond any lawful self-defence; Jeannette Doucet was unaware of the weapon and called 911 and therefore was not guilty; David Comeau did not share a criminal design and only struck once in defence of Boudreau and therefore was not guilty. A finding of guilt against Boudreau on the s.267(a) charge was made but a stay was entered in accordance with counsel's submissions regarding overlapping liability/Kienapple considerations.
Source excerpt
Explore more
