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The Court of Appeal for Ontario dismissed an appeal from firearm convictions, upholding a late Leaney application, the s. 11(b) delay analysis, and the identity findings.
The Court of Appeal held the chambers judge did not err in exercising his discretion to convert the action to a class proceeding or in granting leave to amend the NOCC; however it was premature and an error in principle to fix the commencement date for tolling under s.38.1 of the CPA at the conversion stage without a fuller record, so the order selecting October 3, 2022 was vacated and the respondent was granted leave to file a second further amended notice of civil claim.
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The Ontario Court of Appeal upheld a conditional bankruptcy discharge requiring about $13.6 million payment into the estate, finding no error in principle and dismissing the appeal.
The chambers judge correctly construed the BPCPA amendments as retrospective but not retroactive; because the appellant's dispute arose before the amendments came into force the arbitration clause remains enforceable, the prerequisites for a stay were met, and the chambers judge did not err in extending the stay to Match on grounds of judicial economy; the appellant may not raise new issues or revive abandoned arguments on appeal.
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Leave to appeal was denied because appellants failed to identify any arguable question of principle that extends beyond the facts of this case; costs orders are highly discretionary and entitled to deference where the trial judge considered relevant factors, and no error of principle was shown that would warrant appellate intervention.
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The court found the formal chambers application was necessary because previously published reasons existed and the request sought modification of published judgments; affidavit evidence for the stand-alone Rule 10-3 application was admissible (post-trial material need not be struck and hearsay may be used to show statements were made but not for truth); applying the Sherman Estate balancing test the court concluded there is a serious risk to the identified public interest (children's health, privacy and safety) if actual initials remain, and granted further anonymization ordering that all pre…
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The Federal Court dismissed the applicants’ judicial review as moot because the 62-day removal deferral period they sought had already expired.
Leave to appeal was dismissed because the proposed appeal raised no question of principle extending beyond the case, the trial judge correctly applied the Rule 9-1(5)(a)/(6) holistic discretionary analysis including consideration of the appellant's credibility and motivations based on trial findings, and there was no reasonable prospect of success given the high degree of appellate deference to costs decisions.
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The appeal is dismissed because the judge, applying the correct standard on a De Novo rehearing, lawfully exercised her discretion: the appellant consented to admission of fresh evidence and admitted the factual history including service and non-compliance, the evidentiary record was sufficient, there was no reversible error in admitting agreed fresh evidence without a separate Palmer inquiry, and striking the response was an appropriate remedy given persistent non-compliance after warnings.
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The Court held the trial judge erred in law by characterizing the wife as the more successful party inconsistent with his merits decision; because the parties' success at trial was essentially equal the $9,250 portion of the costs award based on that finding was set aside and the parties were ordered to bear their own costs in the court below, while the judge's $10,000 additional costs sanction for the appellant's conduct was upheld; leave to appeal was granted and the appellant was awarded $1,000 costs on appeal.
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