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The Ontario Court of Appeal dismissed an appeal over the parties’ separation date, holding the trial judge made no palpable and overriding error and properly applied Kassabian.
The appeal was dismissed because the appellant failed to demonstrate any legal error or material misapprehension in the trial judge's factual and credibility findings; the proposed accident reconstruction report was excluded as fresh evidence for lack of due diligence; and the sentence appeal failed because the appellant did not show the sentence was manifestly unfit or founded on errors in principle.
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The appeal is dismissed because the trial judge reasonably accepted the complainant's evidence as credible and any uncertainty about the appellant's physical positioning during the assault did not materially undermine the complainant's account; no reversible error was shown.
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The British Columbia Court of Appeal dismissed an appeal from a civil contempt finding arising from post-injunction defamatory publications about a law firm and lawyer.
The Court dismissed the conviction appeal because the trial judge's finding that the arrest was bona fide and lawful satisfied s.495: the arresting officer had an honest belief and the totality of the evidence provided objective reasonable grounds; the judge's interventions did not cause unfairness, so the search and seized cocaine were admissible and supported the conviction. On sentencing, changed jurisprudence (R. v. Sharma) warranted varying the custodial sentence to a conditional sentence given strong mitigation and the passage of time.
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The trial judge did not err: the 9-1-1 call could be considered a joint prior inconsistent statement relevant to credibility; the evolution of the appellant's testimony was a legitimate credibility factor; and the totality of the evidence (drinking history, odour, driving conduct, visibility and failure to take evasive action, and prolonged wakefulness) afforded a reasonable trier of fact a basis to find impairment. The appeal is dismissed.
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Appeal dismissed in a personal injury damages case. The Court of Appeal held the trial judge did not overlook material evidence when assessing residual earning capacity.
The appeal was dismissed because the trial judge's factual findings on who was driving and on witness credibility were supported by the evidence and there was no misapprehension or failure to consider relevant evidence warranting appellate interference.
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The appeal is dismissed because the trial judge did not err: her remarks about the character evidence were commentary not a ruling and the defence abandoned that line; evidence of a lack of prior allegations was irrelevant; she properly considered and rejected both direct and innocent collusion; and there is no basis to conclude she applied uneven scrutiny to defence evidence, so her credibility findings stand.
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The Court of Appeal dismissed an appeal in a personal injury case, holding there was no palpable and overriding error in findings that the accident caused only a mild concussion and no financial loss.
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