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
The Ontario Court of Appeal dismissed Steven Nowackâs motion for production of redacted email material sought during his criminal appeal.
Motion dismissed because appellant failed to establish that production was in the interests of justice: most requests had been previously refused in provincial court and not appealed, the appellate issue was narrow and could be decided without the materials, and any further production could be pursued at a new trial if the appeal fails.
Source excerpt
Motion dismissed because the appellant failed to establish an air of reality or a nexus between alleged interpreter accreditation/systemic issues and the trial, provided no affidavit evidence, and thus failed the Trotta/PALMER requirements to show a reasonable possibility that the requested production would assist an application to adduce fresh evidence on appeal.
Source excerpt
On appellate disclosure motions involving thirdâparty privacy claims the Trotta relevancy threshold applies first; certain Provincial Crown and Barrie Police Service records that may assist in developing admissible fresh evidence about the arresting officer's alleged drugârelated activity and linked misconduct meet that threshold; Provincial Crown records created in the course of criminal investigations are not treated as presumptive employmentâprivacy records and must be produced to the prosecutor (subject to redaction and privilege) for selection of relevant portions; an O'Connorâtype proceâŚ
Source excerpt
The Court declined to order disclosure or production because the Federal Court confidentiality order precluded such relief; however, the Court held that absent that order, material in the provincial Crown's possession and Federal Court-filed materials that would inform the claims and defences in the civil action meet the threshold for disclosure on appeal (some reasonable possibility of assisting the appeal), while RCMP-held material not provided to the investigating police falls outside Crown disclosure and is governed by O'Connor production principles; application dismissed and applicant diâŚ
Source excerpt
Application for disclosure on appeal in a municipal parking by-law case was dismissed because the requested material could have been obtained with due diligence at trial.
Explore more
