Anil K. Kapoor

The appellant appealed his conviction for possession of a firearm while prohibited, uttering death threats, kidnapping, unlawful confinement, robbery, break and enter, mischief, and pointing a firearm.

The crimes involved armed home invasions in London.

The case depended entirely on eyewitness identification evidence, which was replete with problems.

The trial judge failed to provide adequate instructions regarding the dangers of in-dock identification and the flaws in the photo lineup procedure.

The Court of Appeal found the verdict unreasonable, as no reasonable jury could have convicted on the evidence presented, and entered acquittals on all counts.

Appeal from convictions for first degree murder, aggravated assault, and discharging a prohibited firearm with intent to wound.

The sole ground of appeal concerned the trial judge's W.(D.) instructions to the jury, specifically the use of expanded language referring to "other defence evidence" or "evidence relied on by the defence" in the first and second stages of the instruction.

The appellant argued this formulation erroneously directed the jury to consider supporting evidence when assessing the appellant's credibility and deflected the jury from considering all evidence.

The Court of Appeal dismissed the appeal, finding that although the expanded instruction was not ideal, it did not constitute reversible error when read in the context of the entire charge, which repeatedly emphasized the Crown's burden of proof and the jury's obligation to consider all evidence.

The appellant appealed his conviction for importation and possession of over 100 kilograms of heroin and possession of approximately $650,000 as proceeds of crime.

The Crown's case was based on evidence from a controlled delivery of heroin, authorized searches of storage units, and testimony from a courier.

The appellant raised three grounds of appeal: inadequate jury instructions regarding identification evidence, improper qualification of an expert witness regarding FINTRAC reports, and improper curtailment of cross-examination.

The Court of Appeal dismissed all grounds, finding the trial judge's rulings were appropriate and the Crown's case was overwhelming.

Appeals from conviction and sentence in a complex fraud case involving a scheme to divert millions of dollars from the Canadian Revenue Agency.

The appellants were convicted of fraud over $5,000 following a four-month jury trial.

The appellants challenged their convictions on multiple grounds including delay, issue estoppel, evidentiary rulings, and jury instructions.

The Crown appealed the quantum of the fine in lieu of forfeiture imposed on one appellant.

The Court of Appeal dismissed the conviction appeals and the sentence appeals, but granted leave to appeal on the sentencing issues.

This addendum addresses the appellant Ronald Cyr's request for clarification regarding the court's refusal to allow him to advance a new Charter argument on appeal.

The appellant sought to argue that sections 7, 11(d), and 11(f) of the Canadian Charter of Rights and Freedoms required that clause 6 of section 3(1) of the Juries Act be expanded to exclude former auxiliary police officers from jury service.

The court declined to permit this new argument, finding no air of reality to the suggestion of bias and noting that sections 670 and 671 of the Criminal Code provided a complete answer to this ground of appeal.

Three accused were convicted of first-degree murder following a trial involving an undercover police operation.

The appellants challenged the conviction on multiple grounds including: (1) the trial judge's refusal to sever the trial; (2) the admissibility of statements made to an undercover officer; (3) jury management issues during sequestration; and (4) various trial procedure matters.

The Court of Appeal upheld the convictions, finding that joint trial was appropriate despite cutthroat defences, the undercover operation did not violate Charter rights, and jury management issues did not constitute a miscarriage of justice.

The appellant appealed his conviction for impaired driving, arguing that a 33-minute delay in administering an approved screening device (ASD) test at the roadside violated his Charter rights under ss. 8, 9, and 10(b).

He also argued the trial judge provided inadequate reasons and relied on inadmissible evidence compelled by statute.

The Superior Court of Justice dismissed the appeal, finding the 20-minute investigation to form reasonable suspicion and the 13-minute ASD administration were reasonable.

While the trial judge erred in considering the appellant's compelled admission of drinking as direct evidence of impairment, the error was harmless given the overwhelming admissible evidence of impairment.