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The Supreme Court dismissed the Crown’s appeal in a second-degree murder case, holding the trial judge relied on an out-of-court statement as hearsay and that no curative proviso applied.
The Court of Appeal allowed the appeal, finding error in admitting a child’s hearsay statement under the principled exception and ordering a new trial on Count 2.
The Ontario Court of Appeal dismissed an appeal from sexual offence convictions, holding the trial judge’s reasons were sufficient and the mother’s evidence was largely hearsay.
The Court of Appeal for Ontario dismissed Vernon Rudolph Holder’s conviction appeal and sentence appeal, upholding findings on credibility, hearsay, and sentencing.
The Ontario Court of Appeal dismissed a sexual assault conviction appeal, holding the trial judge’s credibility findings were not inconsistent and that text messages were used only for context.
The Court of Appeal for Ontario dismissed an appeal over a $400,000 alleged inter vivos gift, upholding findings that the gift was not proven and Strong v. Bird did not apply.
The Court of Appeal set aside a single-justice order granting release pending appeal, holding the bail judge misapplied the public-interest test and ordered Rosbergen back into custody.
Ontario Court of Appeal dismissed a medical negligence appeal, upholding findings that Dr. Vasiliou’s delays in intubation and escalation caused Ms. Gumbley’s brain injury.
The Federal Court granted summary judgment for an uncontested AMPA loan debt, but dismissed the fraud-based declaratory relief for lack of jurisdiction and insufficient pleading and evidence.
The court admitted as narrative (not for the truth of their contents) affidavit passages that recount statements made by another affiant who will be available for cross-examination; the court struck or redacted passages that constituted pure hearsay, added details not contained in the declarant's affidavit, or amounted to opinion or argument. Specific paragraphs were ordered struck or redacted as set out in the orders.
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