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The Court of Appeal for Ontario dismissed an appeal from summary judgment, holding that a broad settlement release barred the claims and that no trial issue remained.
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.
The appeal was dismissed because the appellant failed to establish error of law, palpable and overriding factual error, or an unreasonable exercise of discretion; the trial judge’s travel, chaperone and cost allocation measures were within her jurisdiction and justified by the parties’ history and the children’s best interests; no reasonable apprehension of bias was shown.
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The Yukon Court of Appeal dismissed an application for assigned counsel under s. 684(1) of the Criminal Code, finding no arguable ground of appeal.
The Court of Appeal for Ontario dismissed Mr. Bilusack’s appeal, upholding convictions for mischief and breaching an undertaking, and rejecting his bias claim.
The motion was dismissed under r.2.1.01 as frivolous, vexatious and an abuse of process because it sought to relitigate issues already decided on appeal (including matters up to the denial of leave to the SCC), advanced meritless allegations of false statements and bias without new, admissible evidence, and therefore did not fall within the limited grounds of r.59.06.
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The bail application was dismissed because, although the appeal met the low 'not frivolous' threshold, the appellant failed the public interest limb of s.679(3)(c): on public safety grounds the appellant posed an unacceptable risk given the nature of the convictions (including a credible threat to kill), his trial testimony and unaddressed mental health/drug concerns; and on public confidence grounds enforceability considerations outweighed reviewability given the weakness of the appeal in the context of overwhelming evidence and serious aggravating conduct, therefore detention pending appeal…
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The application is dismissed because the CIRB's factual finding that the applicant failed to cooperate with his union was reasonable and dispositive, the Board reasonably excluded the surreptitious recordings under its statutory discretion and jurisprudence, procedural fairness and bias claims were unproven, and quashing and remitting would be futile because the same result is inevitable.
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The sentencing judge did not err: he properly exercised discretion by warning he might exceed the Crown's proposal, reasonably assessed the limited weight of the late guilty plea and unproven mental health and custody-injury assertions, found no evidence of bias, and imposed a fit 26-month sentence given the seriousness of the offence and the appellant's record.
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The Court dismissed all three appeals. It held that neither the Associate Judge nor the Federal Court committed an error of law or a palpable and overriding error of fact or mixed fact and law in refusing the follow-up discovery, striking the majority of written questions, or ordering security for costs. The Federal Court properly applied the applicable Rules (97(b), 99(2), 242, 416(1), 417, 400) and jurisprudential standards on discretion, costs and bias; appellant failed to demonstrate bias or to show that costs/security orders were an error in principle or plainly wrong.
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