Canada Case Law

R. v. Lako

Court

Court of Appeal for Ontario

The trial judge erred in admitting the deceased witness’s 2017 police statement for its truth because the Crown failed to establish threshold reliability under Bradshaw: the judge misidentified and misapplied corroborative material, overlooked case-specific hearsay dangers and alternative explanations, and admitted an incriminating "caught a body" utterance without adequate corroboration; additionally the jury warning on discreditable conduct was inadequate; convictions set aside and new trial ordered for both appellants (sentence issues rendered moot).

Source excerpt

• Hearsay
• Principled exception to hearsay
• Bradshaw framework
• Threshold reliability
• Admissions against interest
• Jury instructions

Read case analysis

R. v. Chien

Court

British Columbia Court of Appeal

Appeal from a sexual assault conviction dismissed. The Court held the trial judge properly assessed credibility, considered the defence inferences, and used text messages within permissible evidentiary limits.

• Sexual assault
• Credibility assessment
• Prior consistent statements
• Hearsay exceptions
• Admissions against interest
• Publication ban

Read case analysis

R. v. Hanrahan

Court

Newfoundland and Labrador Court of Appeal

The majority held the judge did not err overall: his interventions limiting the complainant reading texts and managing their use were within trial management discretion and, although some restrictions were unnecessary, they did not materially affect the acquittal; the judge reasonably interpreted the complainant’s testimony as permitting a s.276 inquiry, properly conducted the Stage Two balancing under s.276(3), and permissibly limited re‑examination because the complainant had explained the apparent inconsistency.

Source excerpt

• Prior sexual history (s.276)
• Text messages and hearsay
• Trial management power
• Re‑examination
• Admissions against interest
• Narrative as circumstantial use

Read case analysis

R. v. Henry

Court

British Columbia Court of Appeal

Appeal from a sexual-assault conviction dismissed. The Court upheld the trial judge’s interpretation of post-event texts as potentially inculpatory and found no error in the treatment of good character evidence.

• Consent
• Admissions against interest
• Mixed statement exception
• Good character evidence
• W.(d.) credibility framework
• Standard of review

Read case analysis

R. v. B.H.

Court

Court of Appeal for Ontario

The appeal was dismissed because the trial judge reasonably concluded there was no air of reality to inadvertent tainting and appropriately rejected the defence assertion of animus/motive to fabricate; his W.(D.) credibility analysis was supported by the evidence (including inculpatory Facebook messages and demeanour findings) and did not reverse the burden of proof.

Source excerpt

• Similar fact evidence
• Collusion and inadvertent tainting
• Motive to fabricate
• Credibility assessment
• W.(d.) analysis
• Social media evidence

Read case analysis

Liu v. Swan

Court

Supreme Court of British Columbia

Liability was admitted in this motor vehicle case. The Court awarded damages for pain and suffering, past and future income loss, future care, and special damages.

• Non-pecuniary damages
• Loss of earning capacity
• Cost of future care
• Mitigation
• Admissions against interest
• Credibility and reliability

Read case analysis

Liptrot v. Vancouver College Limited

Court

Supreme Court of British Columbia

On a class certification application, the court admitted selected Hughes Report exhibits for limited purposes and struck graphic, non-material pleading allegations.

• Certification
• Hearsay admissibility on interlocutory applications
• Striking pleadings
• Common issues
• Authenticity of documents
• Admissions against interest

Read case analysis

R. v. Nguyen

Court

Supreme Court of British Columbia

Pretrial voir dire on the admissibility of discreditable conduct evidence and rap-lyric admissions in a judge-alone murder case; the Crown application was allowed.

• Discreditable conduct evidence
• Admissions against interest
• Artistic expression as evidence (rap lyrics)
• Probative versus prejudicial balancing
• Narrative and context evidence
• Judge-alone trial considerations

Read case analysis

C.L.H. v. K.A.G.

Court

Supreme Court of British Columbia

The court admitted a psychiatrist’s certified clinical notes as business records under s. 42 of the Evidence Act and allowed related testimony, including a possible admission against interest.

• Admissibility of business records
• Admissions against interest
• Hospital records
• Hearsay exceptions
• Past recollection recorded
• Witness testimony procedure

Read case analysis

R. v. Bona

Court

Supreme Court of British Columbia

The court dismissed both voir dire applications on admissibility: a handwritten note was excluded because authorship was not proven and prejudice outweighed probative value; family-law papers were also excluded.

• Hearsay
• Admissions against interest
• Documents-in-possession rule
• Admissibility
• Probative vs prejudicial
• Self-defense

Read case analysis