David Jason Rose

The appellant payday lender appealed a Small Claims Court judgment assessing damages after the respondent defaulted on a $450 loan.

The trial judge found the annualized interest rate of 1,303% violated the Criminal Code, rejected a $500 claim for liquidated damages as a penalty, and reduced the 59% post-default interest rate to 18% under the Unconscionable Transactions Relief Act.

The Divisional Court dismissed the appeal, confirming the payday loan exemption to the Criminal Code was not yet in force at the time of the agreement, the lender failed to prove the $500 fee was a genuine pre-estimate of loss, and the transaction was harsh and unconscionable.

The applicant, Nishnawbe Aski Nation, sought a stay of a coroner's inquest into the death of an aboriginal youth pending an application for judicial review.

The judicial review challenged the Coroner's refusal to issue a summons to a government official regarding the representativeness of First Nations people on the jury roll under the Juries Act.

The Divisional Court granted the stay, finding that the representativeness of the jury roll raised a serious issue, that proceeding with a potentially unrepresentative jury could cause irreparable harm to public confidence, and that the balance of convenience favoured a stay.

The appellant appealed his convictions for multiple sexual assaults and his designation as a dangerous offender.

He argued that a saliva sample used for DNA comparison was obtained in violation of his Charter rights under s. 8 and s. 10(b).

The Court of Appeal held that the appellant provided a valid, informed waiver that severed any connection between the prior s. 10(b) breach and the taking of the sample.

The court also found no error in the jury instructions regarding expert DNA evidence or in the trial judge's dangerous offender designation, which properly assessed the appellant's treatability and risk to the community.

The appeal was dismissed.

The appellants appealed a Divisional Court decision dismissing their application to direct the Commissioner of the Cornwall Public Inquiry to state a case regarding his jurisdiction to hear certain evidence.

The Commissioner had ruled he had jurisdiction to hear evidence from a complainant regarding a recent sexual assault by teenagers and the subsequent police investigation.

The Court of Appeal allowed the appeal, finding that the Commissioner committed a jurisdictional error by misconstruing the Order in Council that established his mandate.

The Court held that the inquiry's subject matter was limited to historical sexual abuse of young people by persons in authority or positions of trust, and the proposed evidence fell outside this scope and was not reasonably relevant.

The applicants sought an order directing the Commissioner of the Cornwall Public Inquiry to state a case to the Divisional Court regarding whether the proposed evidence of two witnesses fell within the Inquiry's Terms of Reference.

The evidence concerned a sexual assault reported contemporaneously, which the applicants argued did not constitute 'historical abuse' under the mandate.

The majority of the Divisional Court dismissed the application, finding that the Commissioner had not exceeded his jurisdiction and that the evidence was reasonably relevant to the Inquiry's mandate to examine the institutional response to allegations of abuse.

A dissenting opinion would have granted the application.

The appellants appealed a judgment regarding a mortgage dispute involving s. 22 and s. 36 of the Mortgages Act and a tax issue.

The Court of Appeal dismissed the appeal, finding that the trial judge's comprehensive reasons and findings of fact were open to him and there was no basis to interfere.

Costs were awarded to the respondents.

The appellants were stopped for speeding on a highway.

The police officers, suspecting the appellants were drug couriers based on neutral indicators, detained them and requested to search their rental car without advising them of their right to counsel.

After the passenger withdrew his initial consent, the officers searched the trunk and found 22 pounds of marijuana.

The Court of Appeal held that the police breached the appellants' rights under ss. 8, 9, and 10(b) of the Charter.

The majority concluded that the breaches were serious and that admitting the evidence would bring the administration of justice into disrepute under s. 24(2).

The appeal was allowed, the convictions were set aside, and acquittals were entered.

The appellant appealed his convictions for possessing and transferring firearms after selling starter pistols to an undercover officer.

The appellant argued the pistols were deemed not to be firearms under s. 84(3)(b) of the Criminal Code because they were designed exclusively for firing blank cartridges.

The Court of Appeal dismissed the appeal, finding that even if the pistols were designed exclusively for blanks, the appellant knew the officer intended to convert them to fire live ammunition, thus failing the second conjunctive requirement of the exemption.

The appellant was convicted of sexual assault against a young girl.

On appeal, the appellant argued that the trial judge failed to instruct the jury on the presumption of innocence, despite instructing them on reasonable doubt in accordance with Lifchus.

The Court of Appeal held that without an instruction on the presumption of innocence, the jury could not properly apply the burden of proof.

The failure to object by counsel could not cure such a fundamental error.

The appeal was allowed, convictions quashed, and a new trial ordered.

The Ontario Labour Relations Board heard preliminary issues regarding multiple applications, including certification, termination of bargaining rights, and unfair labour practice complaints involving the United Food and Commercial Workers International Union, District 2A, and 1318359 Ontario Limited.

The Board ordered the consolidation of the matters and directed the parties to provide specific documents and particulars to each other.

The Board also set the order of proceedings and scheduled hearing dates.