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The Court of Appeal upheld a jury verdict for the defendants in a slip-and-fall negligence action, finding no reversible error in excluding one expert test.
The Ontario Court of Appeal granted bail pending appeal to Sheldon McFarlane, finding his self-defence jury-instruction ground clearly surpassed the not frivolous threshold.
There is no air of reality to the defence of self‑defence on Count 4 because the evidence, even if accepted, does not provide a basis from which a properly instructed jury acting reasonably could infer the accused's subjective purpose under s.34(1)(b); accordingly the defence must be excluded and not left to the jury.
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The Court of Appeal for British Columbia granted only a limited s. 684 appointment of counsel, finding most proposed appeal grounds lacked merit but ineffective assistance required further review.
The defence of accident (unintended act) did not have an air of reality on the totality of the evidence (appellant’s equivocal testimony weighed against independent evidence from a security witness, surveillance video, and coroner showing a forceful, voluntary 15 cm stab and a clear escape path); therefore the trial judge was not required to instruct the jury on accident and the appeal is dismissed.
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The cash seized from the appellant's residence was contemporaneous circumstantial evidence of access to working capital and did not derive its probative value from propensity reasoning, therefore it was not presumptively inadmissible discreditable conduct evidence under r.30; the trial judge gave appropriate limiting instructions and, on the totality of evidence, the guilty verdict was one a properly instructed jury could reasonably render.
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The court dismissed Larry Amero’s application to reopen a prior severance ruling, holding any concern from co-accused counsel’s withdrawal could be addressed by jury instructions.
The Court upheld the trial judge's finding that the totality of information known to police — a detailed first‑hand confidential informant report combined with CPIC/RMS corroboration (nickname, prior trafficking convictions), surveillance placing appellant at flagged locations and short stops consistent with drug activity — satisfied objective reasonable and probable grounds for arrest; the resulting vehicle search was lawful; and because the evidentiary record did not support the claim police placed sunglasses in the satchel and the issue was not central at trial, no specific jury instructio…
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The court found Rabih Alkhalil had absconded, deemed him to have waived his right to be present under s. 475, and ordered a Canada-wide arrest warrant.
The Crown’s failure to disclose the full extent of its friendship and agreement with the trial judge, together with the judge’s post-verdict social interactions with the prosecution team, objectively created a reasonable apprehension of bias; the conviction was therefore the product of a miscarriage of justice and must be set aside and a new trial ordered.
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