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The defendant was convicted of robbery and assault based on the reliable recognition evidence of the complainant.
The defendant was charged with three offences arising from a street robbery on July 7, 2017: having his face masked with intent to commit an indictable offence, assault causing bodily harm, and theft.
The complainant, a 70-year-old woman, was robbed of $500 withdrawn from her bank.
She identified the defendant as her assailant based on recognition during the incident when his face covering slipped.
The defendant denied involvement and claimed an alibi.
The court found the complainant's identification evidence credible and reliable, rejected the defendant's alibi as inconsistent with police records, and convicted on all three counts.
Motion to validate service granted; defendants created their own prejudice by shredding files after receiving notice.
The plaintiffs brought a motion to validate service of a statement of claim on two defendants, or alternatively to extend the time for service.
The plaintiffs had failed to formally serve the defendants within the six-month deadline but had provided a courtesy copy to their counsel, and the defendants had notified their insurer.
The defendants argued they would be prejudiced because they had shredded old tenant files after the service deadline.
The Master found the defendants had notice of the claim well before shredding the files and thus created their own prejudice.
The motion was granted, service was validated, and the plaintiffs were awarded costs.
