Catherine M. Gleason-Mercier

The applicants brought preliminary objections to the admissibility of two pieces of evidence in an application proceeding concerning contingent fee recognition.

The respondent law firm and lawyers sought recognition of contingent fees claimed under a Partial Contingency Agreement dated June 17, 2011.

The court ruled on the admissibility of an expert report from a former Federal Court judge and a third affidavit from one of the respondent lawyers.

The court found that expert evidence on the complexity of the case, risks involved, and results achieved was not necessary, as these matters were within the experience and knowledge of the court and were adequately addressed through extensive evidence and comprehensive legal submissions.

The court also found the expert lacked the requisite qualifications to opine on the specific topics.

The court reserved judgment on the admissibility of the third affidavit pending further consideration of its relevance.

The applicant brought three motions seeking extensions of time to seek leave to appeal from dismissals by lower appeal courts of his convictions on three separate charges: one assault on a police officer conviction from 1993, and two provincial offences convictions from 2014-2015 under the Trespass to Property Act.

The Court of Appeal dismissed all three motions.

For the 1993 conviction, the applicant's delay of nearly 23 years was found to be inordinate and unjustifiable, with no bona fide intention to appeal demonstrated within the prescribed time.

For the two provincial offences convictions, the applicant's delay of over three months was inadequately explained, and the proposed appeals failed to meet the high threshold for granting leave to appeal under the Provincial Offences Act, as they involved questions of fact rather than law alone.