Bruce F. Simpson

The appellant appealed a Small Claims Court judgment awarding the respondent $10,000 for damages to chattels, punitive damages, and lost wages arising from a failed tenancy and wrongful detention of goods.

The Divisional Court dismissed most grounds of appeal, finding the trial judge made no palpable and overriding errors in assessing credibility, evidence, or mitigation.

However, the court allowed the appeal regarding punitive damages, finding the trial judge failed to apply the proper test requiring harsh, vindictive, reprehensible, and malicious conduct.

The total award was reduced to $9,600.

The appellant appealed his conviction for having care and control of a motor vehicle while impaired.

The Court of Appeal dismissed the appeal, agreeing with the lower courts that the appellant was in care and control.

The court noted the appellant was heavily intoxicated, the keys were in the ignition, the car was running, and he had stated an intention to resume driving.

The appellant pleaded guilty to possession of child pornography after downloading images from the internet for personal use, with no evidence of distribution.

The trial judge imposed a custodial sentence, emphasizing the horrific nature and substantial amount of the images.

On appeal, the Court of Appeal found the trial judge erred in principle by not focusing enough on the appellant's specific circumstances, including his cooperation, significant rehabilitative steps, and the severe personal consequences he suffered.

The appeal was allowed and the sentence varied to an 18-month conditional sentence with strict terms.

The appellant appealed a trial judge's decision regarding child custody, arguing that an earlier consent order was final and could only be varied upon showing a material change in circumstances.

The Court of Appeal dismissed the appeal, finding that the trial judge correctly accepted the parties' agreement that the earlier order was interim.

The trial judge was therefore entitled to hear evidence and determine custody and access based on the child's best interests.