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The Court of Appeal dismissed Mr. Hollaman’s appeal from convictions for drug and weapons offences, upholding rebuttal rulings and declining exclusion under s. 24(2).
The court admitted most of a supplemental expert report as rebuttal evidence, but excluded new opinion evidence on francophone immigration and projections.
Mid-trial ruling allowing the Crown to call rebuttal evidence from Hugh Edmundson on intoxication, how the parties met, and related credibility issues.
The trial judge did not err: the defence evidence (the mother’s testimony) introduced a new matter that materially altered the significance of the complainant’s timeline such that the Crown could properly adduce rebuttal photographs; the judge applied the correct standard on credibility/W.(D.) issues as shown by her reasons; and the screenshots met the low authentication threshold and were admissible.
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The court exercised its discretion to refuse most of the motions to strike as premature; it admitted the Corrected Fraser Affidavit and the defendant’s rebuttal affidavits except for limited passages found unreliable or argumentative. The judge held that broad contextual evidence and rebuttal were within scope given the plaintiffs’ extensive allegations and that core legal questions about sting, defences and consent must be decided at the summary judgment hearing rather than on piecemeal striking of evidence.
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The court refused the defence request to call Kevin Grant as surrebuttal evidence, finding it would split the defence case and undermine trial fairness.
The court granted the Crown leave to call rebuttal evidence after the accused testified that a co-tenant occupied the bedroom where drugs were found.
The conviction was reasonable based on the cumulative weight of ten corroborating items including linkage to the phone number and testimony; the uncropped photo was properly admitted as rebuttal after the defence raised the issue; the trial judge lawfully rejected the alibi on credibility and late disclosure grounds; however the sentencing judge erred in principle by overemphasizing denunciation and deterrence for a youthful first offender and the sentence was varied to two years less a day custody followed by one year probation.
Source excerpt
The appeal is dismissed because the Tax Court did not breach procedural fairness—the appellant had adequate notice via filed replies, the rules imposed no disclosure or witness list obligation, no adjournment was sought, and the proposed rebuttal evidence was improperly used to present what should have been evidence in chief—and because the Tax Court's factual and credibility findings that the workers were employees were supported by documentary and oral evidence and were not vitiated by reliance on a document marked for identification or by misapplication of the balance of probabilities; the…
Source excerpt
On appeal from conviction, the court held the accused’s testimony amounted to alibi evidence, upheld an adjournment for Crown rebuttal, and dismissed the appeal.
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