One-Liners: Oral Judgments

Criminal Law: Perjury

Millington v. R., 2017 SCC 53 (37235) Judgment rendered Nov. 1, 2017
Perjury conviction upheld.

Posted: Friday, November 03, 2017

One-Liners: Oral Judgments

Criminal Law: Perjury

Robinson v. R., 2017 SCC 52 (37411) Judgment rendered Nov. 1, 2017
Perjury conviction upheld.

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One-Liners: Oral Judgments

Criminal Law: Sexual Assault

R. v. Bourgeois, 2017 ABCA 32 (37461) Judgment rendered Oct. 16, 2017
(Sexual assault) conviction not illogical, irrational, or unreasonable.

 

 

Posted: Thursday, October 26, 2017

One-Liners: Oral Judgments

Criminal Law: Sexual Assault

R. v. George, 2016 SKCA 155 (37372) Judgment rendered April 28, 2017
Publication ban, in the context of “factually consensual” sex with a 14-year-old complainant.

Posted: Friday, May 12, 2017

One-Liners: Oral Judgments

Criminal Law: Pre-Charge Delay

R. v. Hunt, 2016 NCLA 61 (37314) Judgment rendered April 27, 2017
Fraud case sent to trial; pre-charge delay not unconstitutional.

Posted: Thursday, May 04, 2017

One-Liners: Oral Judgments

Labour Law in Québec: Mootness

Lajeunesse (Re) (37320) Judgment rendered April 21, 2017
Labour strike over; appeal moot.

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One-Liners: Oral Judgments

Civil Procedure: Civil Contempt; Self-Reps

Pintea v. Johns, 2016 ABCA 99 (37109) Judgment rendered April 21, 2017
Civil contempt requires proof beyond a reasonable doubt of actual knowledge.

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One-Liners: Oral Judgments

Criminal Law: Historical Sexual Offences

R. v. Savard, 2016 QCCA 380 (36908) Judgment rendered April 3, 2017
Convictions for sexual offences upheld (4:1).

Posted: Thursday, April 13, 2017

One-Liners: Oral Judgments

Insurance in Québec: Exclusions; Police Chases

Desjardins Financial Security Life Assurance Company v. Émond, 2016 QCCA 161 (36919) Judgment rendered March 31, 2017
Civil Code art. 2402 applies only to indictable offences.

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One-Liners: Oral Judgments

Criminal Law: Role of Courts of Appeal

R. v. S.B., 2016 NLCA 20 (37042) Judgment rendered March 22, 2017
Courts of Appeal not to draw own conclusions re strength/significance of evidence.

Posted: Friday, March 24, 2017

One-Liners: Oral Judgments

Criminal Law: Search Warrant Disclosure

R. v. McKay, 2016 BCCA 391 (37315)
What has to be disclosed re search warrants.
(Oral hearing ordered)

Posted: Friday, March 17, 2017

One-Liners: Oral Judgments

Criminal Law: Sexual Assault Causing Bodily Harm

R. v. Olotu, 2016 SKCA 84 (37167) Judgment rendered Feb. 23, 2017
Conviction upheld, appeal dismissed; “substantially” for the reasons of Jackson. J.A., and no Beaudry error.

Posted: Friday, February 24, 2017

One-Liners: Oral Judgments

Criminal Law: K.G.B. Statements

R. v. Brown, 2016 ABCA 192 (37153) Judgment rendered Feb. 21, 2017
K.G.B. statements herein admissible.

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One-Liners: Oral Judgments

Criminal Law: Alibis; Similar Fact

R. v. Clifford2016 BCCA 336 (37140) Judgment rendered Feb. 20, 2017
Appeal dismissed “substantially for the reasons of Willcock J.A.” in the C.A.

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One-Liners: Oral Judgments

Criminal Law: Party to an Offence

R. v. Natewayes, 2015 SKCA 120 (36793) Judgment rendered Jan. 23, 2017
Driving colleagues to and from crimes makes one a party to same (here, manslaughter).

Posted: Friday, January 27, 2017

One-Liners: Oral Judgments

Criminal Law: Officially Induced Error of Law

R. v. Bédard2016 QCCA 807 (37071) Judgment rendered Jan. 23, 2017
Conditions for officially induced error of law defence not met here.

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One-Liners: Oral Judgments

Criminal Law: Telewarrants

R. v. Clark, 2015 BCCA 488 (36813) Judgment rendered Jan. 19, 2017
Process to obtain telewarrant upheld.

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One-Liners: Oral Judgments

Criminal Law: DNA Evidence

R. v. Awer, 2016 ABCA 128 (37021) Judgment rendered Jan. 19, 2017
DNA evidence not appropriately dealt with at trial; new trial ordered.

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One-Liners: Oral Judgments

Labour Law: Collective Barganing

British Columbia Teachers’ Federation v. British Columbia, 2015 BCCA 184 (36500) Judgment rendered Nov. 10, 2016
Trial judge’s finding that B.C. failed to consult in good faith upheld.

 

Posted: Thursday, November 17, 2016

One-Liners: Oral Judgments

Contracts: Arbitration

Urban Communications Inc. v. BCNET Networking Society, 2015 BCCA 297 (36639) Judgment rendered Nov. 3, 2016
Arbitrator’s decision, re exercise of options in a contract, upheld.

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One-Liners: Oral Judgments

Criminal Law: Sexual Offences

R. v. C.K-D., 2016 SCC 41 (36877) Judgment rendered Oct. 18, 2016
What are appropriate jury instructions re a child victim of sexual offences.

 

Posted: Thursday, October 27, 2016

One-Liners: Oral Judgments

Criminal Law: Driving Offences; Arbitrary Detention; Right to Counsel

R. v. Rowson, 2016 SCC 40 (36777) Judgment rendered Oct. 17, 2016
Driving offences convictions upheld by a split C.A. and a split S.C.C.

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One-Liners: Oral Judgments

Criminal Law: Tracking; Parties to an Offence

R. v. Knapczyk, 2016 SCC 10 (36612) (36613) Judgment rendered Mar. 23, 2016
C.A. reversal of acquittal upheld by S.C.C.

Posted: Thursday, March 31, 2016

One-Liners: Oral Judgments

Criminal Law: Arbitrary Detention; Exclusion of Evidence

R. v. Gagnon, 2016 SCC 6 (36581)
Police evidence from a private driveway encounter not excluded.

Posted: Thursday, March 10, 2016

One-Liners: Oral Judgments

Criminal Law: (Alleged) Ineffective Assistance of Counsel

R. v. Meer2016 SCC 5 (36448) Judgment rendered Jan. 22, 2016
No miscarriage of justice in this case.

Posted: Thursday, February 11, 2016

One-Liners: Oral Judgments

Criminal Law: Sexual Assault

R. v. Spicer, 2016 SCC 3 (36532) Judgment rendered Jan. 18, 2016
Publication ban, re defence of mistaken belief.

Posted: Thursday, January 28, 2016

One-Liners: Oral Judgments

Criminal Law: Hearsay; Confirmatory Evidence

R. v. Seruhungo, 2016 SCC 2 (36523) Judgment rendered Jan. 18, 2016
Appeal allowed (3:2), acquittal restored.

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One-Liners: Oral Judgments

Criminal Law: Homicide

R. v. McKenna2015 SCC 63 (36506)
Jury instructions re defence of accident, murder 2, and manslaughter.

Posted: Friday, December 18, 2015

One-Liners: Oral Judgments

Criminal Law: Dangerous Driving Causing Death; Test For Mens Rea

R. v. Hecimovic,  2014 BCCA 483 (36260) Judgment rendered Nov. 16, 2015
Wrong mens rea used at trial; new trial ordered.

Posted: Friday, November 20, 2015

One-Liners: Oral Judgments

Criminal Law: Importing & Possession for the Purposes

R. v. Singh Riar, 2015 ONCA 350 (36449) Judgment rendered November 12, 2015
New trial ordered because of trial judge errors.

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One-Liners: Oral Judgments

Criminal Law: Jury Instructions re Homicide

R. v. Neville,  2015 NLCA 16 (36412) Judgment rendered Nov. 9, 2015
Merely referring to previous written instructions is not an appropriate response to a jury question.

Posted: Friday, November 13, 2015

One-Liners: Oral Judgments

Criminal Law: Sexual Assault

R. v. M.J.B. (2015 ABCA 146) (36421)
Sexual assault conviction upheld (2:1 in C.A.; 4:1 in S.C.C.).

Posted: Thursday, October 29, 2015

One-Liners: Oral Judgments

Criminal Law: Cheating; Fraud

R. v. Riesberry, 2014 ONCA 744 (36179) Judgment rendered October 15, 2015.
Giving drugs to race horse can constitute defrauding the public and cheating while playing a game.

Posted: Thursday, October 22, 2015

One-Liners: Oral Judgments

Criminal Law: Federal or Provincial Prison

Bowden Institution v. Khadr, 2015 SCC 26 (36081) Judgment rendered May 14, 2015
Sentence here to be served in a provincial facility.

Posted: Thursday, May 21, 2015

One-Liners: Oral Judgments

Constitutional Law

Québec (Attorney General) v. Canada (Attorney General), 2014 QCCA 2365  (36231) Judgment rendered April 24, 2015
Appointment of Mainville J.A. (from Fed. C.A. to Qué. C.A.) constitutionally valid.

Posted: Friday, May 01, 2015

One-Liners: Oral Judgments

Extradition

Caplin v. Canada (Minister of Justice), 2013 QCCA 1305 (35527) Judgment rendered April 23, 2015
Extradition order upheld.

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One-Liners: Oral Judgments

Extradition

Canada (Attorney General) v. Barnaby, 2013 QCCA 1305 (35548) Judgment rendered April 23, 2015
Extradition order upheld.

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One-Liners: Oral Judgments

Pharmaceuticals: Amending Pleadings

Sanofi-Aventis v. Apotex Inc.2014 FCA 68 (35886) Judgment rendered April 20, 2015
Can’t, not here (Statement of Defence).

Posted: Friday, April 24, 2015

One-Liners: Oral Judgments

Insurance: SABS Priorities

Zurich Insurance Co. v. Chubb Insurance Co. of Canada, 2014 ONCA 400 (36002) Judgment rendered April 17, 2015
Who’s in/who’s out of Dispute Regulation ‘pay-now-fight-later’ MV regime.

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One-Liners: Oral Judgments

Criminal Law: Direct Indictment Delay

R. v. Sanghera, 2014 BCCA 249 (36017) Judgment rendered Mar. 19, 2015
Is a 5-month direct indictment delay permissible.

Posted: Friday, March 27, 2015

One-Liners: Oral Judgments

Criminal Law: Sexual Assault

R. v. Perrone, 2014 MBCA 74 (36021) Judgment rendered Feb. 20, 2015
Trial judge assessment of credibility and reliability upheld.

Posted: Thursday, March 05, 2015

One-Liners: Oral Judgments

Criminal Law: Refusal to Blow

R. v. Goleski, 2014 BCCA 80 (35862) Judgment rendered Feb. 12, 2015
s. 794(2) imposes a “persuasive burden” on the accused to provide an excuse.

Posted: Thursday, February 19, 2015

One-Liners: Oral Judgments

Criminal Law: Jury Charge Manslaughter

R. v. MacLeod, 2014 NSCA 63 (35957)
Duty of trial judge to charge jury on manslaughter.

Posted: Tuesday, January 13, 2015