Criminal Law; Fresh Evidence
R. v. Maadani, 2025 ONCA 582, 2026 SCC 11 (41972)
“The Chief Justice: “A majority of this Court is of the view that Huscroft J.A., writing for the majority of the Court of Appeal, made no reviewable error in dismissing the application for new evidence for lack of cogency. Therefore, the appeal is dismissed. Justices Karakatsanis and Côté would have allowed the appeal. They are of the view that, in its cogency analysis, the majority erred in law in making its own determination of the witness’s ultimate credibility. The majority also erred in its analysis of due diligence. Justices Karakatsanis and Côté agree with Copeland J.A. that the fresh evidence was reasonably capable of belief by the triers of fact on key points relating to self-defence and would have admitted the fresh evidence and would have ordered a new trial.”