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The Ontario Court of Appeal admitted fresh evidence, allowed the appeal, quashed the conviction, and ordered a new trial in French.
The Ontario Court of Appeal upheld the refusal to extend time to perfect an estate appeal, but set aside a full indemnity costs order and replaced it with partial indemnity costs.
The Court dismissed the appeal because the judge correctly applied the Chhina/Dorsey exception: the Criminal Code Review Board provides a complete, comprehensive and expert statutory scheme at least as broad and advantageous as habeas corpus for the appellant's challenges; additionally the appellant's proposed fresh evidence failed the Palmer test as not relevant to this appeal.
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The Court of Appeal admitted fresh psychiatric evidence, allowed the appeal, and substituted an absolute discharge for Amy Knight’s conditional discharge.
The affidavit purportedly sworn by Xiaofei Sun was not authenticated and appeared fabricated; therefore it was inadmissible as fresh evidence; no reversible error was shown in the chambers judge's discretionary refusal to adjourn or in referring the accounting to the registrar; appellant's misconduct warranted special costs, so the appeal is dismissed and special costs awarded to the respondent.
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On the balance of probabilities contemporaneous handwritten notes and text message screenshots established that Ms. Wolfe encouraged the accused to file a false judicial complaint mid-trial to obtain a mistrial and facilitate rehire; that misconduct created an appearance of unfairness that undermines public confidence and prejudices the fairness of the trial. The fresh evidence relating to the trial process was admissible and justified declaring a mistrial and scheduling a new trial before a different judge.
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The Ontario Court of Appeal set aside validation of unsigned 2024 draft wills, admitted a 2018 will as fresh evidence, and remitted the validity of the 2022 wills to the Superior Court.
The Court of Appeal for Ontario dismissed Felicia Vacaru’s appeal under r. 2.1.01, holding the pleading disclosed no reasonable cause of action and was an abuse of process.
The Court of Appeal for Ontario dismissed the appeal, refused fresh evidence, and held the trial was not unfair despite mental-health and indictment-particulars arguments.
Ontario Court of Appeal dismissed a fraud appellant’s fresh-evidence claim and upheld a $300,000 restitution order, finding he freely chose not to testify.
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