The Crown appealed the acquittals of the respondent on two counts of criminal negligence causing bodily harm, which arose from an incident where her dogs attacked a toddler and a babysitter.
The appeal focused on the trial judge's ruling to exclude evidence of three prior incidents involving the dogs.
The Court of Appeal found that the trial judge erred in law by treating the absence of "discreditable conduct" as a basis for exclusion rather than as a factor in applying the similar fact evidence rule.
The court also found that the trial judge misapprehended material evidence regarding the timing and relevance of the prior incidents.
The appeal was allowed, the acquittals were set aside, and a new trial was ordered, with the prior incident evidence deemed admissible.