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The Court of Appeal for Ontario dismissed a motion to extend time to appeal, finding the delay and the appellant’s litigation conduct made relief contrary to the interests of justice.
The appeal was dismissed because the fresh evidence failed to meet the established test and lacked demonstrated relevancy; appellate review cannot re‑weigh the evidence and must defer to the trial judge's parenting findings; the trial judge applied correct legal principles to the unjust enrichment claim; the appellant did not meet the onerous burden to show a reasonable apprehension of bias; the reasons provided were sufficient for appellate review; costs were awarded to the respondent.
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The trial judge did not err in declining to hear the late mid-trial s.8 application or in her factual findings that the drugs were in plain view and that the appellant's remaining at the scene did not raise a reasonable inference of innocence; those findings were reasonable and entitled to deference, rendering the conviction reasonable on the evidence, but the $110 cash possession count lacked sufficient evidence and must be acquitted.
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Applicant failed to establish a serious issue to be tried and failed to show irreparable harm; balancing the inconvenience did not justify a full stay, but a limited temporary stay was warranted to allow the applicant time to vacate the premises by noon June 30, 2023.
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Motion to admit fresh evidence denied because appellant failed to meet Palmer test; appeal dismissed because appellant did not demonstrate any error by the trial judge and sought to relitigate the original application; appellate deference to trial judges in family matters requires dismissal absent legal error; costs awarded to respondent in specified amount.
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The Court Martial Appeal Court dismissed the Crown’s sentence appeal in R. v. Bruyère, upholding a severe reprimand and $3,000 fine for assault-related offences.
Appeal dismissed in a parenting relocation case. The Court upheld an order allowing the mother to move with the child to Israel, finding no legal error or misapprehension of the evidence.
The motion for a stay pending appeal was dismissed because the father failed to demonstrate irreparable harm, the grounds of appeal were not particularly strong given deference owed to a detailed 20-day trial judgment, and the balance of convenience favoured the mother and the children’s best interests (children enrolled in new school, mother’s employment prospects, availability of access arrangements).
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The Supreme Court of Canada dismissed the appeal, holding that deference was owed to the trial judge’s credibility assessment and the verdict was not unreasonable.
The appeal is dismissed. The sentencing judge properly identified and applied sentencing principles including totality, gave precedence to denunciation and deterrence in light of the extreme facts (very young victims, production and distribution of sadistic child pornography, position of trust, role as producer in an online community), and his comments about lack of remorse were contextualized as evidence of lack of insight and risk to re-offend rather than an independent aggravating factor that increased the sentence; consecutive sentences were within discretion; the 18-year global sentence…
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