Canada Case Law

Soup Pot Ideas Inc. v. 778938 Ontario Limited

Court

Supreme Court of Nova Scotia

Although Obladee established an arguable case on the lease termination issue, the court refused the interlocutory injunction because the balance of convenience favoured Starfish Properties and public safety: remediation required by HRM likely cannot be performed safely while the tenant remains, the injunction would create a stalemate with municipal enforcement, and monetary damages were deemed an adequate remedy if Obladee ultimately succeeds.

Source excerpt

• Interlocutory injunction
• Commercial lease termination
• Specific performance claim
• Building code compliance
• Public safety

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R. v. Anderson

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed Leo Anderson’s conviction and sentence appeals for firearm possession, holding the trial judge’s inference of possession was open on the evidence.

• Possession of firearm
• Evidentiary inference and credibility
• Pre-sentence custody credit
• Public safety
• Appellate review of factual findings
• Criminal-law

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R. v. Racine

Court

Newfoundland and Labrador Court of Appeal

The court cancelled the prior release order under s.524(3) because the new charges provided reasonable grounds to believe the accused committed an indictable offence, but nonetheless granted release pending appeal under s.679(3) because the increased public safety concerns could be adequately managed by stringent conditions (changed residence, additional $5,000 deposit, $1,000 surety promise, curfew, and no-contact order), and the balance of the statutory criteria favoured release to permit appellate review.

Source excerpt

• Judicial interim release
• Revocation of release
• Public safety
• Surety and financial conditions
• Breach of recognizance

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R. v. Hayes

Court

British Columbia Court of Appeal

Leave to appeal the sentence was granted but bail pending appeal was denied because the appellant failed to meet the statutory test: the appeal lacked sufficient merit to make detention unduly harsh given the Crown's offer to expedite the appeal, and the appellant's detention is necessary in the public interest because affidavit evidence and conduct on bail and in custody demonstrated a real risk to public safety (intimate partner violence, attitude towards violence against women, substance misuse, and unsecured loaded firearms in the presence of a minor); enforceability interest was high and…

Source excerpt

• Intimate partner violence
• Firearms offences
• Leave to appeal
• Public safety
• Bail pending appeal
• Revocation of bail

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Stanley Park Preservation Society v. Vancouver Board of Parks and Recreation

Court

British Columbia Court of Appeal

Although the appeal met the low threshold of a serious question to be tried, the appellants failed to establish that irreparable harm from proceeding outweighed the demonstrable and compelling public and operational harms from halting Phase 3; the balance of convenience therefore disfavouring a stay required dismissal of the application.

Source excerpt

• Judicial review
• Stay pending appeal
• Procedural fairness
• Reasonableness review
• Public safety
• Wildfire risk

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S.L.K. v. A.B.

Court

Supreme Court of British Columbia

The court granted the defendant anonymity and a sealing order pending trial, finding publicity would seriously harm his reputation, dignity, and well-being.

• Open court principle
• Anonymization
• Publication ban
• Sealing orders
• Protection of reputation
• Public safety

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R. v. Bleck

Court

Court of Appeal for Ontario

Bail pending appeal was refused because the appellant’s repeated breaches of court orders and driving-related misconduct made detention necessary in the public interest.

• Bail pending appeal
• Public safety
• Public confidence in administration of justice
• Breach of bail
• Driving offences
• Enforceability vs reviewability

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R. v. Bowie

Court

Court of Appeal for Ontario

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…

Source excerpt

• Bail pending appeal
• Public interest
• Public safety
• Public confidence
• Sentencing
• Harassment

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R. v. J.L.

Court

Court of Appeal for Ontario

The bail application was dismissed because the applicant failed to show his grounds of appeal clearly surpass the minimal "not frivolous" standard (ineffective assistance claim was underdeveloped and consent findings were well grounded and entitled to deference; the sentence ground was undeveloped), and because detention in the public interest was necessary: public safety and enforceability concerns arising from a pattern of intimate partner violence and repeated breaches of release conditions outweighed the reviewability interest.

Source excerpt

• Bail pending appeal
• Appeal from conviction
• Sentence
• Consent
• Ineffective assistance of counsel
• Public safety

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R. v. B.N.

Court

Court of Appeal for Ontario

The IAC ground surpasses the minimal non‑frivolous threshold, but the applicant's detention was necessary in the public interest: given the seriousness of the offences, the applicant's lengthy record of breaches and violence, the risk to the complainant and public safety, and the limited utility of monitoring measures, bail pending appeal was refused.

Source excerpt

• Judicial interim release
• Ineffective assistance of counsel
• Public safety
• Intimate partner violence
• Jury instructions

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