A. Patel

The appellants appealed the Regional Municipality of Durham's approval of Official Plan Amendment 126, which updated the Brookhill Neighbourhood Secondary Plan.

Brookhill North Landowners Group Inc. brought a motion for partial approval of the amendment for lands not subject to the site-specific appeals.

The Tribunal granted the motion, finding that partial approval would not prejudice the appellants' site-specific appeals and that withholding approval for the entire secondary plan area would prejudice other landowners.

The Tribunal also approved a Procedural Order and scheduled a three-day video hearing for the remaining appeals.

The accused, charged with sexual assault and other offences against his estranged wife, brought an application under s. 276 of the Criminal Code to elicit evidence that the complainant was having an extramarital affair.

The accused argued this evidence was necessary to explain why he ceased having a sexual relationship with her, contextualizing his defence.

The court held that evidence of the accused's belief that the complainant was having an affair was admissible as it was relevant to his credibility and inextricably interwoven with the narrative.

However, evidence of whether the affair actually occurred was inadmissible, as its probative value was marginal and substantially outweighed by the prejudicial effect on the complainant's privacy and the proper administration of justice.

The Federal Crown and a court-appointed Receiver applied to vary a forfeiture order that required the destruction of seized electronic devices and documents, as the CRA and the Receiver sought access to them for ongoing investigations into an illegal pyramid scheme.

The court held it lacked jurisdiction to use certiorari to set aside the destruction order made under s. 490.1(1) of the Criminal Code because a statutory right of appeal to the Court of Appeal existed.

However, the court granted the Receiver's application under s. 490.5, declaring its interest unaffected and suspending the destruction order, and allowed the appeal to set aside the destruction order made under s. 490(9).