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The court excluded the cell phone, its contents, and two sets of police photographs under s. 24(2) after finding serious Charter breaches in the arrest and search process.
The City failed to discharge its onus under s.44(3)(c) because the only measurement evidence was speculative (the appellant's expert's adjusted range) or lacked foundational testimony (photographic "ruler" evidence); the trial judge erred in averaging speculative figures and accepting unproven photographic measurements, and also erred in apportioning 50% contributory negligence; accordingly the appeal is allowed, the statutory defence fails, the respondent is 100% at fault, and judgment for damages and interest is entered for the appellant as assessed at trial.
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The Federal Court set aside an RPD decision vacating refugee status because the reasons on identity were not sufficiently responsive or justified.
The trial judge's credibility findings and factual conclusions were supported by detailed reasons and corroborating evidence; absent an error of law or a palpable and overriding error of fact, the Court of Appeal will not reweigh evidence, and the sentence was fit and within principled range.
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The appeal is dismissed because the trial judge reasonably accepted the complainant's photographic evidence as confirmatory of the assault allegations and was entitled to reach different conclusions across counts given materially different evidence; the verdict was not demonstrably illogical or irrational under governing appellate standards.
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The appeal is dismissed because the RAD, after independent review, concluded the RPD's adverse credibility findings were justified: the photographs and the Land Acquisition Notice were unreliable and insufficiently corroborative, the appellant's explanations were contradictory and convoluted, and on the balance of probabilities he is not a person of interest or at risk of persecution.
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Trial judgment in a negligence action from a sidewalk construction accident. The court found the plaintiff had not proved the fall occurred as alleged and dismissed the claim.
RAD confirmed the RPD decision under s.111(1)(a) because, on independent review, the appellant's testimony suffered multiple credibility defects (contradictions about injuries, hearing loss, signature and travel documentation, inconsistent medical records, unexplained documentary anomalies), corroborating photos and documents had little probative value or authenticity, and no new evidence was presented to trigger a hearing under s.110(6).
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The Supreme Court of Canada dismissed the appeal, holding the assault verdict was reasonable, no reliability warning was required, and the lesser-included-offence instruction was proper.
Photos taken five days after the shooting were admissible as having probative value on the limited issue of whether the appellant had physical attributes consistent with generic eyewitness descriptions, but the trial judge's jury instruction improperly invited the jury to treat an in‑court/single‑photo comparison as a piece of circumstantial evidence proving presence/participation; that misdirection created a real risk of a miscarriage of justice and conviction must be set aside and a new trial ordered. The sentencing issue: it is an error in principle to treat firearm use simpliciter as an a…
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