Canada Case Law

R. v. Sidhu

Court

Supreme Court of British Columbia

The court granted the extension because the applicant demonstrated a bona fide intention to appeal, the Crown would not suffer undue prejudice from the delay, there is arguable merit to an appeal based on ineffective assistance of appointed counsel that could amount to a miscarriage of justice, and the interests of justice (including serious collateral immigration consequences) outweigh finality; accordingly time to appeal is extended to November 21, 2025.

Source excerpt

• Ineffective assistance of counsel
• Extension of time to appeal
• Criminal harassment (s. 264 criminal code)
• Miscarriage of justice
• Collateral immigration consequences

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R. v. Sandhu

Court

Supreme Court of British Columbia

The trial judge acted within her discretion in refusing to replay the video during cross-examination as part of case management; she applied W.(D.) principles and made credibility findings supported by officer testimony and the video evidence; no palpable and overriding error or miscarriage of justice was shown and the conviction is reasonable, therefore the appeal is dismissed.

Source excerpt

• Appeal
• Trial management
• Credibility assessment
• W.(d.) instruction
• Miscarriage of justice
• Electronic device prohibition s.214.2(1) mva

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Pederson v. Forget

Court

Court of Appeal for Ontario

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.

• Expert admissibility
• Slip and fall
• Tampering/interference
• Miscarriage of justice
• Jury instruction
• Costs

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R. v. Connor

Court

Court of Appeal for Ontario

Ontario Court of Appeal dismissed a sexual assault conviction appeal, finding no error in the jury instructions, no improper Crown closing, and no miscarriage of justice.

• Consent
• W.(d.) jury instruction
• Miscarriage of justice
• S.276/278.92 pre-trial rulings
• Closing submissions
• Admissibility of prior sexual activity

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R. v. M.Z.

Court

Court of Appeal for Ontario

The Ontario Court of Appeal allowed a conviction appeal, finding ineffective assistance of counsel for failures on testifying and in-person appearance, and ordered a new jury trial.

• Ineffective assistance of counsel
• Right to elect mode of trial
• Right not to testify
• Virtual trial / videoconference
• Fresh evidence
• Miscarriage of justice

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P.R.C. v. C.K.C.

Court

British Columbia Court of Appeal

알 수 없는

• Reopening appeal
• Fresh evidence
• Functus officio
• Miscarriage of justice
• Excluded property
• Damages

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Begg v. Provincial Rental Housing Corporation

Court

Supreme Court of British Columbia

The plaintiff’s application to reopen his case was dismissed in a negligence action after a no-evidence motion, with the court finding no fresh evidence and no miscarriage of justice.

• Reopening trial
• No-evidence motion
• Miscarriage of justice
• Admission of new evidence
• Standard of care
• Causation

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R. v. Batson

Court

British Columbia Court of Appeal

The Court of Appeal allowed Mr. Batson’s appeal from a sexual assault conviction, set aside the conviction, and ordered a new trial because the reasons were insufficient and contained material errors.

• Credibility assessment
• Misapprehension of evidence
• Honest but mistaken belief in communicated consent
• Miscarriage of justice
• Sufficiency of reasons
• Credibility-assessment

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R. v. Rees

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario quashed Timothy Rees’s conviction after finding the undisclosed Raymer tape caused a miscarriage of justice, but ordered a new trial.

• Disclosure
• Miscarriage of justice
• Confession voluntariness
• Fresh evidence
• Remedy (acquittal/stay/new trial)
• Ministerial referral

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Green Mile Original Ltd. v. MacDonald

Court

Supreme Court of British Columbia

The court set aside a chambers order rectifying Green Mile’s corporate records, finding a defence worthy of investigation and a real risk of miscarriage of justice.

• Share issuance
• Rectification of corporate registers
• Service of process
• Default judgment
• Setting aside orders
• Miscarriage of justice

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