Bradley W. Miller

The appellant sought leave to appeal his conviction for failing to stop a vehicle while being pursued by police.

He argued the summary conviction appeal judge erred in widening the offence to include momentary movement and finding that flight on foot constitutes vehicular flight.

The Court of Appeal refused leave, finding the appellant misstated the record regarding the vehicular stop and that the flight on foot was properly used as evidence of mens rea, not as an element of the offence.

The appellant, detained in the forensic mental health system after being found not guilty by reason of insanity, appealed an Ontario Review Board disposition ordering his continued detention.

He argued the ORB erred in finding he posed a significant threat to public safety and in failing to direct the hospital regarding a sleep deprivation issue caused by hourly bed checks.

The Court of Appeal dismissed the appeal, finding the ORB's decision was reasonably supported by evidence of the appellant's threatening behaviour and paranoia, and that the ORB's recommendation for an independent third-party opinion on the bed check issue was appropriate.

The appellant appealed his convictions for attempted murder and related offences, as well as his 14-year sentence.

The convictions arose from a home invasion where the victim was shot in the chest.

The appellant argued the trial judge erred in his treatment of a Vetrovec witness, in admitting a gun under s. 24(2) of the Charter, and sought to introduce fresh evidence.

He also argued the sentence violated the principle of restraint.

The Court of Appeal dismissed the conviction appeal, finding no error in the trial judge's assessment of the witness or the s. 24(2) analysis, and rejected the fresh evidence.

The sentence appeal was also dismissed, as the shooting was a cold-blooded assault resulting in near-fatal injuries.

The appellants appealed a judgment granting a permanent injunction restraining the appellant wife from selling her shares in her personal holding company without the consent of her former husband, and dismissing her motion for corporate governance relief.

The Court of Appeal upheld the motion judge's finding that an implied term restricting the sale of shares was necessary to give business efficacy to the parties' separation agreement.

However, the Court allowed the appeal in part, finding that under s. 148 of the Business Corporations Act, the appellant's holding company was entitled to receive audited financial statements from the specific corporation in which it held shares.

The appellant sought leave to appeal a decision of the summary conviction appeal court, arguing that the judge erred in inferring an agreement under s. 786(2) of the Criminal Code to regularize proceedings instituted beyond the limitation period.

The Court of Appeal refused leave to appeal, finding that the judge had an adequate evidentiary foundation to infer the agreement.

The court held that the correctness of this conclusion raised a question of mixed fact and law, which cannot be appealed under s. 839(1)(a) of the Criminal Code.

The appellants appealed an order recognizing the respondents' common user rights over narrow parcels of land fronting Lake Simcoe, known as the 'Slivers'.

The application judge found that the respondents, as owners of lots in the subdivision, had openly and continuously used the Slivers since 1950, satisfying the requirements under the Registry Act and Land Titles Act.

The Court of Appeal dismissed the appeal, finding no error in the application judge's assessment of the uncontradicted affidavit evidence and declining to restrict the user rights to bathing purposes.

The appellant and respondent, who are sisters, were involved in a long-running dispute over their deceased mother's estate.

The appellant sought to replace the respondent as Estate Trustee to pursue a claim against the respondent for breach of fiduciary duty.

A previous motion to replace the trustee with the appellant or a named friend had been dismissed.

The appellant brought a new application to appoint an unnamed independent trustee.

The motion judge dismissed the application under Rule 21, finding it was barred by issue estoppel.

The Court of Appeal upheld the decision, confirming the appellant was not entitled to a second attempt to litigate substantially the same issue and that discretionary relief from issue estoppel was not warranted.

The appellants appealed a jury verdict finding them liable for internet defamation, awarding $42,000 in damages, and a trial judge's orders granting a permanent injunction and substantial indemnity costs.

The Court of Appeal dismissed the appeal, finding no errors in the trial judge's instructions to the jury regarding defamatory meanings or malice.

The Court upheld the permanent injunction, noting the appellants' continued publication of the defamatory statements and refusal to remove them.

The jury's awards for aggravated and punitive damages were also upheld as reasonable.

The appellant appealed a final family law order regarding the sale of the matrimonial home, child and spousal support, and section 7 expenses.

She argued the trial judge erred by refusing an adjournment, exhibiting bias, and making unconscionable substantive findings.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's discretionary refusal of an adjournment or in her substantive findings, and rejecting the allegations of bias.

A minor transposition error regarding the proportionate sharing of section 7 expenses was corrected.

The respondent acted as an agent to assist a client in collecting insurance proceeds, agreeing to a percentage fee.

To resolve issues with clearing cheques, the appellant solicitor agreed to have the insurance cheques made payable to his firm in trust and provided an undertaking to protect the respondent's fee.

The appellants argued the undertaking applied only to a single payment and was given on behalf of the client, not personally.

The Court of Appeal upheld the motion judge's finding that the undertaking extended to future payments and was a personal promise of the solicitor, dismissing the appeal.

The appellants appealed a summary judgment decision dismissing their claim against the respondent bank and granting judgment to the bank on its counterclaim.

The appellants argued their procedural rights were denied because the motions judge did not follow a prior endorsement by another judge regarding a mini-trial.

The Court of Appeal dismissed the appeal, finding the parties had agreed to proceed before the motions judge and the prior order was not binding.

The court upheld the finding that there was no genuine issue for trial, as the appellants had defaulted on their line of credit and mortgage loan.

The appellant, a member of a not-for-profit housing co-operative, appealed the dismissal of his application for the appointment of an inspector and a compliance order under the Co-operative Corporations Act.

He alleged a pattern of mismanagement by successive boards of directors.

The Court of Appeal dismissed the appeal, finding no error in the application judge's conclusion that the appellant failed to provide sufficient evidence of mismanagement or malfeasance to warrant intervention.

A motion to adduce fresh evidence was also dismissed as it related to issues not raised in the initial application.

The appellant landlord appealed a trial judgment finding it had wrongfully terminated a commercial lease.

The trial judge found the parties had agreed on the quantum of rent arrears and the landlord had waived any additional amounts.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's conclusions on waiver, credibility, tax credits, or compensation for the tenant's equipment left on the premises.

The appellants, a lawyer and his professional corporation, appealed an order dismissing their motion to quash a Registrar's order for the assessment of 51 accounts rendered to the respondent client.

The appellants argued the accounts were for management services, the retainer was in dispute, and the requisition was untimely.

The Court of Appeal dismissed the appeal, finding the accounts were for legal services, the retainer was not in dispute, and the overlapping nature of the interim accounts constituted special circumstances justifying the timing of the assessment.

The appellants appealed a Superior Court decision granting the respondent College declaratory and injunctive relief for unauthorized practice and unauthorized use of protected titles.

The appellants argued that the language proficiency requirement in the Registration Regulation was discriminatory.

The Court of Appeal dismissed the appeal, upholding the application judge's finding that the appellants were barred from advancing the constitutional argument due to issue estoppel and abuse of process, as the same issue had been previously decided against them by the Divisional Court.

The appellant appealed an order of a Superior Court judge resolving a priority issue between two mortgages registered under the Land Titles Act.

The Court of Appeal held that it lacked jurisdiction to hear the appeals, as section 27 of the Land Titles Act provides that appeals from orders made under the Act lie to the Divisional Court.

The appeals were transferred to the Divisional Court pursuant to section 110 of the Courts of Justice Act.

The parties reached a settlement in principle regarding the bankruptcy proposal of Enroute Imports Inc. but required time to finalize specific terms.

The Court of Appeal adjourned the appeal on consent, to be restored to the list if the settlement was not finalized by December 23, 2015.

The appellant estate appealed a decision finding that the joint tenancy of a matrimonial home had not been severed before the deceased's death.

The Court of Appeal upheld the application judge's finding that, despite the deteriorating relationship between the parties, there was no mutual intention to treat their interests as a tenancy in common.

A motion to introduce fresh evidence was also dismissed, as it did not materially change the evidence regarding mutual intention.

The appeal was dismissed with costs to the respondent.

The appellant mother appealed a Superior Court decision dismissing her appeal from a trial judgment that made her child a Crown ward without access.

She argued the Children's Aid Society breached its statutory duty to provide services and that the trial judge erred by not extending the period of CAS wardship.

The Court of Appeal dismissed the appeal, finding the CAS made numerous attempts to assist the mother, which were frustrated by her own conduct, and that an extension of wardship was not justified given the child's best interests.

The appellant was convicted of attempted murder and possession of a loaded restricted firearm.

At trial, the Crown cross-examined the appellant extensively about his knowledge of four other shootings in his neighbourhood to test his memory of when he heard about the shooting in this case.

The appellant appealed, arguing the cross-examination was unfair and amounted to trial by innuendo.

The Court of Appeal agreed, finding the cross-examination had very low probative value but high prejudicial effect, as it insinuated the appellant was involved in a violent subculture.

The appeal was allowed and a new trial ordered, with the court declining to apply the curative proviso because the unfair cross-examination resulted in a miscarriage of justice.