B. Ross

The third parties brought a motion for partial summary judgment seeking dismissal of the defendant's third party claim against them in a negligence action arising from a cottage fire allegedly caused by a firepit.

Applying the factors from Malik v. Attia, 2020 ONCA 787, the court declined to permit the partial summary judgment motion to proceed.

The court found that proceeding with the motion would not reduce judicial resources already allocated for the upcoming trial, the trial was less than four months away, and there was a real risk of inconsistent findings between the motion and trial given that the third parties' liability was dependent upon causation issues to be determined in the main action.

During a joint trial for the murder of a child, the co-accused's counsel produced previously undisclosed photographs depicting the victim chained to a bed.

The applicant sought a severance of his trial, arguing the late disclosure undermined his cross-examination strategy and created fundamental unfairness.

The court dismissed the application, finding that the late production was a natural response to the applicant's cutthroat defence tactics and did not violate Crown disclosure obligations or create an injustice requiring separate trials.

The accused was found guilty by a jury of second degree murder, aggravated assault, and committing aggravated assault with a weapon following a home invasion where the victim was killed with a shotgun.

The court considered the jury's recommendations for parole ineligibility, the aggravating factor of a prior first degree murder conviction two weeks prior, and the violent nature of the execution-style killing.

The accused was sentenced to life imprisonment without parole for 25 years for second degree murder, with concurrent sentences for the assault charges.