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Ontario Court of Appeal upheld convictions for human trafficking, threats, assault and drug trafficking, rejecting evidentiary, fairness and Browne v. Dunn arguments.
Ontario Court of Appeal upheld a murder and attempted murder conviction, finding the circumstantial evidence supported aiding and abetting and the wilful blindness instruction was proper.
The Ontario Court of Appeal dismissed the conviction appeal, granted leave to appeal sentence, and dismissed the sentence appeal in a criminal case involving Crown misconduct and CSAEM issues.
The appeal was dismissed because the trial judge did not err in her jury instructions or in admitting the Alberta statement of claim for limited non‑truth purposes, the judge properly answered the jury's question directing them to consider the totality of the evidence and burden of proof, counsel's remarks did not warrant a mistrial and, critically, the jury's verdict on liability is supportable on a reasonable view of the evidence and therefore is owed deference.
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The appeal was allowed in part: the trial judge erred by not giving a specific limiting instruction that the hearsay medical note referring to fibromyalgia could not be used for the truth of its contents, but that error did not occasion a substantial wrong or miscarriage of justice on the record. The trial judge also erred in law by instructing the jury that the capital asset approach 'usually' involves awarding one or more years of pre-accident income; that misdirection was prejudicial to the appellant's case on loss of future earning capacity. The jury award of $50,000 for future loss of ea…
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The Court of Appeal for Ontario dismissed Barbara Baxter’s application for release pending appeal, finding her proposed appeal weak and detention justified by the public interest.
Although defence counsel's mitigation submission lacked evidentiary foundation and was improper, the prejudice was remediable by corrective jury instructions (including a directive to ignore the mitigation submission and a warning against speculation); the defendant retains the burden to prove failure to mitigate and extent of loss reduction, and absent evidence of specific alternate employment the jury should not speculate, so dismissal of the mistrial application was justified.
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The motion was dismissed because the applicant failed to demonstrate the interests of justice required an extension: although he had a bona fide intention to appeal, he did not provide a reasonable evidentiary explanation for the substantial remaining delay (226 days) after March 19, 2025, and failed to show the proposed grounds of appeal were of sufficient substance to meet the arguable threshold; the trial judge properly conducted the s.644 juror inquiry and gave adequate curative instructions, the mistrial remedy was not warranted, the parole eligibility complaint was speculative and unsup…
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Ontario Court of Appeal upheld a sexual assault conviction, finding no air of reality to an honest-but-mistaken-belief instruction and no error in the jury charge.
The Ontario Court of Appeal dismissed Reen Gordon’s conviction appeal, holding the jury charge properly addressed knowledge of the officer’s status and the defence position.
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