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Motion to compel answers to discovery undertakings granted; omnibus refusal statements rejected.
The Respondent brought a motion to compel the self-represented Appellants to answer follow-up questions arising from undertakings given at their examinations for discovery in a GST/HST appeal.
The Appellants had refused to answer the questions using a broad omnibus statement.
The Tax Court of Canada found the questions were proper and relevant to the factual matters in dispute, and ordered the Appellants to answer them.
The Court awarded costs of $500 against each Appellant.
Child complainant’s evidence accepted; accused convicted of sexual assault and sexual interference.
The accused was charged with sexual assault and sexual interference involving a young child.
The Crown relied primarily on the testimony of the complainant, who adopted videotaped police statements admitted pursuant to s. 715.1 of the Criminal Code.
The defence challenged the reliability and credibility of the child witness based on inconsistencies and prior admitted lies about unrelated matters.
Applying governing jurisprudence on the assessment of child witnesses, the court held that inconsistencies on peripheral matters did not undermine the reliability of the core allegation.
Finding the complainant credible and reliable and noting the absence of any motive to fabricate, the court concluded the Crown had proven the offences beyond a reasonable doubt.
