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Wednesday, December 23, 2020 @ 6:49 AM

PROCEDURE - Opening and closing statements by counsel

Appeal by the accused from conviction for failing to comply with long-term supervision. The Crown properly acknowledged that the conviction appeal should be allowed, and a new trial ordered. ... [read more]

Wednesday, December 23, 2020 @ 6:49 AM

TRADEMARKS - Infringement - Passing off and unfair competition 

Appeal by Dong and his companies from a judgment that found them liable for trademark infringement and passing off and dismissed their counterclaim. ... [read more]

Tuesday, December 22, 2020 @ 6:49 AM

ELEMENTS OF THE OFFENCE - Mens rea - Presumption of fitness to stand trial

Appeal by the accused from conviction for second degree murder. The appellant attacked a prison cellmate. The cell video showed the appellant applying chokeholds and neck compressions to the victim over a couple of time periods. ... [read more]

Tuesday, December 22, 2020 @ 6:49 AM

TORTFEASORS - Contribution between tortfeasors - Apportionment of liability

Appeal by the plaintiff from the apportionment of fault for the parties’ motor vehicle accident. The respondent’s vehicle was turning left at an intersection when it was struck by the appellant’s vehicle, which was proceeding straight through the intersection. ... [read more]

Monday, December 21, 2020 @ 7:08 AM

TYPES OF DAMAGES - For personal injuries - Special damages - Expenses and expenditures

Appeal by the plaintiff from a jury award for special and non-pecuniary damages in a personal injury action. She also argued the trial was unfair because the judge erred in his instructions to the jury and the respondents’ trial counsel also made unduly prejudicial comments to the jury. ... [read more]

Monday, December 21, 2020 @ 7:01 AM

APPEALS - Grounds - Miscarriage of justice

Appeal by the accused from conviction for assault causing bodily harm. The appellant and complainant were involved in a physical altercation. Both men claimed to have been attacked by the other and to have then engaged in the altercation in self-defence. ... [read more]

Friday, December 18, 2020 @ 6:11 AM

PROCEDURE - Jury - Questioning prospective jurors - Charge or directions

Appeal by three accused from conviction for first-degree murder. The victim was kidnapped and held by armed men for several hours. His hands and feet were bound with duct tape and zip ties. He was shot twice in the head, at close range, with a small-calibre firearm. ... [read more]

Friday, December 18, 2020 @ 6:10 AM

CIVIL PROCEDURE - Disposition without trial - Dismissal of action

Appeal by the defendants from the dismissal of their motion to dismiss the respondents’ defamation action under the Strategic Litigation Against Public Participation provision of s. 137.1 of the Courts of Justice Act. ... [read more]

Thursday, December 17, 2020 @ 6:18 AM

CORPORATIONS - Derivative actions - Good faith

Appeal by 2538520 Ontario Ltd. from the dismissal of its application for leave to commence a derivative action on behalf of the respondent. The appellant, a shareholder of the respondent, sought leave to commence a derivation action on the respondent’s behalf against various past and present directors and officers. ... [read more]

Thursday, December 17, 2020 @ 6:18 AM

EVIDENCE - Admissibility - Prejudicial evidence - Methods of proof 

Appeal by the accused from conviction for possession of anabolic steroids and cocaine for the purpose of trafficking and possession of the proceeds of crime. This case emerged from a large organized crime investigation but resulted in a straightforward possession and proceeds of crime trial against the appellant. ... [read more]