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Thursday, April 15, 2021 @ 6:32 AM

EVIDENCE - Admissibility - Prejudicial evidence - Confessions and statements by the accused

Application by the accused, charged with sexual assault, to exclude his statement to police. The accused unexpectedly appeared at a police station. He was arrested for sexual assault and advised of his right to counsel. ... [read more]

Thursday, April 15, 2021 @ 6:31 AM

GUARANTEES AND INDEMNITIES - Liability of guarantor - Defences

Appeal by the defendants from summary judgment enforcing personal guarantees of indebtedness owed to the plaintiff, Royal Bank of Canada (RBC). The defendants provided personal guarantees as security for several million dollars in loan advances to their family business. ... [read more]

Wednesday, April 14, 2021 @ 6:11 AM

CIVIL EVIDENCE - Methods of proof - Admissions

Appeal by the plaintiff from the dismissal of her medical malpractice claim against the respondent doctor. The appellant attended a hospital emergency department seeking treatment for an abscess on her buttocks and hyperglycemia, as she could not get her high blood sugars under control. ... [read more]

Wednesday, April 14, 2021 @ 6:10 AM

SENTENCING - Offences against public order - Forcible entry – Particular sanctions

Sentencing of the 48-year-old accused who pleaded guilty to assault and forcible entry. While intoxicated, the accused entered the 12-year-old complainant’s residence through an unlocked door in search of the complainant’s mother. ... [read more]

Tuesday, April 13, 2021 @ 6:16 AM

DISCHARGE OF BANKRUPT - Debts not released by discharge

Application by Goodman for an extension of time to appeal a finding by an application judge that a debt owing by Goodman to Bannerman survived his discharge from bankruptcy. ... [read more]

Tuesday, April 13, 2021 @ 6:15 AM

DOMESTIC CONTRACTS AND SEPARATION AGREEMENTS - Prenuptial and marriage contracts - Enforcement

Appeal by the wife from the trial judgment refusing to set aside the parties’ 2008 marriage agreement. Pursuant to the agreement, each side would keep their own assets and the husband would pay the wife $450,000 to acquire a new home. ... [read more]

Monday, April 12, 2021 @ 9:31 AM

THE INSURANCE CONTRACT - Interpretation - Policy limits

Appeal by the defendant insurers from a summary trial decision finding that no policy limit applied to the mitigation of loss coverage in a Professional Liability Policy and from a subsequent determination of the trial judge that the respondent was entitled to special costs. ... [read more]

Monday, April 12, 2021 @ 9:24 AM

CONSTITUTIONAL ISSUES - Procedural rights - Protection against arbitrary detention or imprisonment

Application by the accused, charged with possession of cocaine for the purpose of trafficking, possession of proceeds of crime over $5,000 and resisting a peace officer, to exclude evidence due to Charter breaches. ... [read more]

Friday, April 09, 2021 @ 8:13 AM

EVIDENCE ­– Admissibility - Private communications - Privileged relationships - Spousal communications

Appeal by Al-Enzi from his conviction, by jury at his retrial, for first degree murder. The victim was found in a field, killed by a single gunshot wound to the back of his head. ... [read more]

Friday, April 09, 2021 @ 8:11 AM

CIVIL PROCEDURE - Contempt of court - What constitutes - Punishment

Sentencing hearing for the respondents, convicted of civil contempt. The respondents defied a court order which restrained them from contravening Ontario Regulation 82/20 by holding gatherings of more than 10 persons in conjunction with the operations of Trinity Bible Chapel. ... [read more]