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The Court of Appeal for Ontario dismissed a defamation appeal, upholding summary judgment where the appellant failed to show admissible evidence of the alleged text or its repetition.
The court gave effect to only the initialed handwritten alterations to Derek Jason Hart’s will under s. 58 WESA, and refused the uninitialed changes.
The court found the parties separated on January 23, 2022 and ordered equal division of family property, rejecting exclusion and unjust enrichment claims.
The court found the accused guilty of sexual interference and sexual assault, relying on the complainant’s out-of-court statements, demeanour evidence, and DNA proof.
The court ruled on hearsay admissibility for two documents about a 1964 road realignment. The Popoff memo was excluded for truth, while the Desimone statutory declaration was admitted.
The court admitted the child complainant’s videotaped statement and convicted the accused of sexual interference in Peru, but acquitted him on the Vancouver counts.
The court held that Janice Tanaka’s registered half interest in the Surrey house was held in trust for Naomi Jesson, and ordered a vesting transfer and compensation.
The trial judge erred by admitting the complainant's videotaped police statement: he failed to identify and address case-specific hearsay dangers (perception and sincerity), improperly downplayed the role of cross-examination in the threshold reliability analysis, and made an unsupported positive finding of no motive to fabricate; absent threshold reliability the statement was inadmissible and the conviction could not stand.
Source excerpt
The court found several transfers to Julie Hall were held on resulting trust for Verna Simard’s estate, but accepted that the Pinnacle Wealth investments were intended for Julie.
The court held that, in an appropriate case, R. 12-5(54) can allow a party to use a deceased witness’s discovery transcript at trial, and admitted portions of Captain Marchetti’s evidence.
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