Allen

The accused was charged with uttering forged documents and attempting to defraud the Bank of Montreal of over $5,000.

The Crown alleged the accused assisted a woman in applying for a loan using a falsified employment letter and paystubs.

The court found significant credibility issues with the Crown's main witness, the woman who applied for the loan, and concluded the Crown failed to prove beyond a reasonable doubt that the accused knew of or presented the fraudulent documents.

The accused was found not guilty on both counts.

The accused was charged with possession for the purpose of trafficking and possession of proceeds of crime.

The police arrested the accused and searched his vehicle based on information from a confidential informant and subsequent surveillance.

The accused brought a Charter application arguing arbitrary detention and unreasonable search and seizure.

The court found the informant's tip lacked sufficient detail and reliability, and the police surveillance did not adequately corroborate the information to establish reasonable and probable grounds for the arrest.

The court concluded the arrest was unlawful, rendering the subsequent search a violation of section 8 of the Charter.

Applying the Grant framework, the court excluded the seized drugs and cash under section 24(2), finding the police conduct reckless and based on a mere hunch.

The applicants, charged with possession of cocaine for the purpose of trafficking, brought applications under ss. 8 and 9 of the Charter alleging arbitrary detention and unreasonable search and seizure.

The police stopped the applicants' vehicle on the highway and conducted a warrantless search, discovering cocaine.

The court found the detaining officer lacked reasonable grounds to suspect the applicants were involved in a drug transaction, rendering the detention arbitrary.

Furthermore, the court found the search of the vehicle occurred before the arrest, making it unreasonable.

Applying the Grant framework under s. 24(2), the court concluded the police conduct was deliberate or reckless and excluded the cocaine from evidence.

The accused was charged with identity theft and immigration fraud under the Immigration and Refugee Protection Act.

He brought a pre-trial application seeking a stay of proceedings under s. 11(b) of the Charter, arguing that the 32-month delay from his arrest to the scheduled trial date was unreasonable.

The court found that the delay significantly exceeded the Morin guidelines and that the Crown failed to provide a reasonable justification, particularly regarding the lengthy preliminary inquiry and late disclosure.

Finding both presumed and actual prejudice due to restrictive bail conditions, the court granted the application and stayed the proceedings.

Bell Canada brought an application to strike two arbitration proceedings commenced by Plan Group Inc. (PGI) and its predecessor partnership.

PGI brought a motion to stay the application in favour of arbitration.

The court found that the first arbitration was a nullity because it was commenced by a dissolved partnership that no longer existed.

The court also found that the second arbitration was statute-barred under the Limitations Act, 2002, as the arbitration agreement did not contain clear and express language contracting out of the statutory limitation period.

The court declined to stay the application, finding that the issues were questions of law appropriate for summary judgment under the Arbitration Act, 1991.

The application was granted and the motion to stay was dismissed.