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The court ordered Matthew Aron Cuppen committed for extradition to the United States, rejecting arguments that the Record of the Case was manifestly unreliable.
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.
Applying Rule 39.04(2) the court conducted a line-by-line admissibility review: it struck affidavit material that was irrelevant, conclusory legal submissions, post-decision communications, unsupported hearsay and pejorative labels (e.g. 'uncivil','reprehensible','unprofessional') while admitting factual first‑hand accounts, contemporaneous litigation communications with counsel and evidence that bore a clear connection to costs; the court held that extrajudicial conduct can be admissible for costs only where there is a clear and compelling connection to the twin objectives of costs (indemnif…
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The appeal is dismissed because the trial judge reasonably preferred the daughter's contemporaneous police statement over her viva voce recantation in light of corroborating evidence, the s.11(b) delay was lawfully reduced by periods attributable to the defence or exceptional circumstances so there was no Charter breach, the proposed fresh evidence was inadmissible or would not have altered the result, the sentence was not demonstrably unfit, and the information should be amended under s.683(1)(g) to remove wording inconsistent with the conviction.
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Appeal from child pornography convictions dismissed. The Court upheld extensive computer-forensics evidence, rejected best-evidence and hearsay arguments, and found no material misapprehension of evidence.
The court admitted several late-disclosed interview excerpts and 1995 minutes as oral history or reply evidence, but excluded a 1996 meeting recording as privileged.
The appeal is dismissed: the trial judge's limited, open inquiry and discharge of the disruptive juror for misconduct did not produce a miscarriage of justice and did not require a mistrial; the application judge correctly found s.8 breaches and reasonably exercised discretion to exclude the improperly obtained map evidence under s.24(2); and the exclusion of certain hearsay statements was justified because they lacked reliability given the declarant's mental health and lack of corroboration.
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The court ruled that BC Assessment notices were not admissible to prove market value, finding the evidence insufficiently necessary or reliable and ordering redactions.
The trial judge did not err: no limiting instruction on prior consistent statements was required because consistency was not relied on to corroborate the police statement and jurors were properly instructed on use of prior inconsistent statements; the prior conviction was admissible and properly limited to show relationship and animus; and the videotaped police statement was admissible under the principled hearsay exception because necessity was established, procedural reliability existed and its probative value overwhelmingly outweighed any prejudicial effect, with meaningful opportunity for…
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Text messages extracted from the seized phone were authenticated and met Canada Evidence Act best-evidence requirements; incoming messages from 'Denise' were admissible as party admissions and outgoing messages from the phone met the principled hearsay exception on threshold reliability and necessity; expert evidence and the totality of messages established that LeBlanc provided more than incidental assistance—acting repeatedly as a conduit, setting prices, coordinating delivery—such that Crown proved beyond a reasonable doubt she was a party to trafficking contrary to CDSA s.5(1) under s.21…
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