Ashley Chae-young Moon

The appellant, Laurel Paige, appealed convictions for sexual interference, sexual assault, and committing an indecent act, arguing that the trial judge erred in assessing the credibility of the complainant, a child witness.

The Ontario Superior Court of Justice reviewed the trial judge’s reasons, finding that while there was a palpable error in treating the complainant’s admission of prior false allegations as bolstering her credibility, the error was not overriding and did not affect the outcome.

The appeal was dismissed, with the court emphasizing the deference owed to trial judges on credibility findings and clarifying the proper approach to issues of corroboration, inconsistencies, and motive to fabricate.

The applicant, Neil Davis, brought an application seeking a declaration that the trial judge had lost jurisdiction and an order of prohibition, alleging a reasonable apprehension of bias.

This application automatically suspended the ongoing criminal trial.

The Crown requested a summary dismissal or an order for the trial to continue.

The court reviewed the underlying trial record and found no merit to the applicant's claim of reasonable apprehension of bias, emphasizing the high threshold for such claims.

Consequently, the court ordered the criminal trial to continue as scheduled, effectively denying the suspension sought by the applicant, and noted that the issues raised in the application might become moot if the trial concluded, leaving appeal as the appropriate avenue.