Canada Case Law

R. v. Cox

Court

Nova Scotia Provincial Court

Given the high gravity of intimidating a justice system participant, statutory primacy of denunciation and deterrence, the offender's extensive and continuous criminal history, limited mitigation and lack of remorse or rehabilitative evidence, a two-year custodial sentence is proportionate; the sentence must run consecutively to other non-life sentences per s.718.3(4) and case law, be concurrent with the existing life sentence, and include a primary DNA order and a custodial non-communication order to protect the victim; a CSO/community sentence is inappropriate under Proulx because public sa…

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• Intimidation of a justice system participant
• Witness tampering
• Gladue considerations
• Conditional sentence analysis
• Consecutive sentencing
• Ancillary orders

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CIBC Wood Gundy v. Bockhold

Court

Supreme Court of British Columbia

The court enforced a 2023 settlement, granted summary judgment for $250,000 plus interest, struck a rescission counterclaim, and adjourned document production.

• Settlement enforcement
• Summary judgment
• Fraudulent misrepresentation
• Rescission
• Discovery
• Perjury

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R. v. Narwal

Court

British Columbia Court of Appeal

British Columbia Court of Appeal dismissed appeals from obstruction of justice convictions, holding the trial judge did consider the accused’s mixed statement and committed no reversible error.

• Obstruction of justice
• Witness tampering
• Out-of-court (mixed) statements
• W.(d.) analysis
• Credibility and reasons
• Obstruction-of-justice

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Neural Capital GP, LLC v. 1156062 B.C. Ltd.

Court

Supreme Court of British Columbia

The court awarded special costs for serious unproven allegations and unreliable evidence, with different cost treatment for the defendants and all costs referred to the Registrar.

• Special costs
• Scale b and scale c costs
• Uplift costs
• Assessment of self-represented litigant costs
• Preservation/freeze order
• Solicitor's lien

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Hansra v. Joss

Court

Supreme Court of British Columbia

The court struck a defamation and related tort claim, holding that litigation-related communications and filings were protected by absolute privilege.

• Absolute privilege
• Witness tampering
• Intentional infliction of emotional distress
• Conspiracy
• Intentional interference with economic relations
• Striking pleadings for no reasonable prospect of success

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R. v. Dubros

Court

Court of Appeal for Ontario

The application judge applied the correct 'any evidence' threshold and appropriate deference to the preliminary inquiry judge; the evidence of threats was sufficient to establish a willful attempt to obstruct justice under s.139(3), so the committal for trial was properly ordered and the certiorari application was correctly dismissed.

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• Certiorari
• Preliminary inquiry
• Standard of review
• Mens rea
• Witness tampering
• Publication ban

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Behan v. Park

Court

Supreme Court of British Columbia

In a post-trial costs ruling, the court ordered Pius Park to pay special costs for fabricated evidence and witness tampering, while Eric Kim received party-and-party costs.

• Special costs
• Sanderson order
• Witness tampering
• Fabrication of evidence
• Standard of proof
• Jury verdict findings

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R. v. Reynolds

Court

Supreme Court of Canada

The Supreme Court of Canada held it had jurisdiction and allowed the appeal, restoring convictions for obstructing justice where a false doctor’s note was part of the persuasion scheme.

• Obstructing justice
• Witness tampering
• Appeal jurisdiction
• Interpretation of s.139(3)(a) and s.693(1)(a) criminal code
• Obstructing-justice
• Witness-tampering

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R. v. Pare

Court

Court of Appeal for Ontario

The trial judge erred in law by treating an accused's asserted motive to get the 'truth' as negating the necessary mens rea under s.139; wilfully requires intent to dissuade a witness and the Crown need not disprove a belief that the accused wanted the truth. Given evidentiary uncertainties about whether the respondent authorized the specific inducements, the proper disposition is to allow the appeal, set aside the acquittal and order a new trial rather than enter a conviction.

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• Attempt to obstruct the course of justice
• Witness tampering
• Mens rea
• Evidence – hearsay/guilty plea facts
• Publication restriction (administrative)

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United States of America v. Kissel

Court

Court of Appeal for Ontario

The court upheld the extradition judge's committal because the RoC contained sufficient admissible evidence to support committal for fraud and laundering the proceeds of crime; the Minister was not required to provide reasons absent submissions and had provided reasons when prompted; however, the Minister exceeded his authority in ordering surrender on conspiracy to commit money laundering and witness tampering because there was no committal on corresponding Canadian offences establishing essential elements (agreement for conspiracy; distinct offence of witness tampering), so those parts of t…

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• Committal
• Surrender
• Double criminality
• Evidence sufficiency
• Ministerial reasons
• Money laundering

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