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The Ontario Court of Appeal upheld sexual assault and sexual interference convictions, finding the child complainant’s hearsay statements were properly admitted and no bias was shown.
Ontario Court of Appeal ordered a new trial in a sexual-assault appeal, finding hearsay was admitted without properly hearing the complainant on the voir dire.
The court allowed judicial review of an RTB decision, holding the arbitrator patently unreasonably ranked motives and failed to grapple with alleged ulterior motive evidence.
The Federal Court dismissed judicial review of an RPD vacation order, finding the process fair and the Minister had established material misrepresentations affecting the refugee claim.
The court dismissed MRRUC’s claim to a continuing easement and allowed RRID’s petition to cancel the expired 1999 easement, finding no necessity, estoppel, or implied permanent right.
The court upheld a vendor take-back mortgage for unpaid purchase price, found consideration existed, and entered judgment for the Shergills with interest and costs.
The court upheld a 2015 trust amendment, finding Yvonne Blakely had capacity, no suspicious circumstances or undue influence were proven, and the plaintiffs’ claims were dismissed.
Appeal dismissed; judge did not commit reversible error. Under s.51(2) hearsay recorded in CSSD files may be admitted and relied upon where the judge assesses reliability and where statements are corroborated by social worker observations or admissions by the parent; coercive control falls within a purposive interpretation of "violence" under the Act; the hearing was procedurally fair and the judge's factual findings were supported by evidence and entitled to deference.
Source excerpt
The child’s out‑of‑court statement was excluded because it lacked threshold reliability — it did not possess the necessary circumstantial guarantee of trustworthiness due to multiple significant defects in the interview and surrounding circumstances (perception problems, internal inconsistencies, leading questioning, recording/equipment failures, misleading statements to the child about disclosure, inducement/expectation of reward, lack of corroboration and timing after planned transition home) and the Minister refused to accept any conditional mode of receiving the evidence that would allow…
Source excerpt
Appeal allowed in a first-degree murder conviction after errors in hearsay admission, a W. (D.) jury instruction, and re-examination evidence. A new trial was ordered.
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