Dennis O'Connor

The appellant, a licensed funeral director, appealed a Divisional Court decision upholding the Licence Appeal Tribunal's revocation of her licence for professional misconduct.

The appellant argued the Tribunal erred by not deferring to the Discipline Committee's penalty decision and that there was no evidence her conduct endangered the public.

The Court of Appeal dismissed the appeal, finding the Tribunal hearing was de novo under the Funeral Directors and Establishments Act, requiring no deference, and that the Tribunal's findings of deceitful conduct were well-supported by the evidence.

The appellant appealed his conviction for second degree murder, arguing the trial judge erred in her jury instructions regarding collusion between Crown witnesses, fabrication of alibi evidence, motive to lie, and exclusive motive to kill.

The Crown cross-appealed the sentence, seeking to increase the 13-year parole ineligibility period to 15 years.

The Court of Appeal dismissed both appeals, finding no errors in the jury instructions and concluding the trial judge engaged in a comprehensive and fair assessment of the sentencing factors.

The applicant in an extradition proceeding brought a motion for the production of documents, to cross-examine the certifying U.S. attorney, and to examine her prior counsel.

The applicant sought to explore an allegedly untruthful statement in the Record of the Case regarding her history of drug trafficking in Canada, arguing it constituted an abuse of process.

The Court of Appeal dismissed the motion, finding no air of reality to the assertion that the requesting state deliberately attempted to mislead Canadian courts.

The court also found no basis to order the examination of prior counsel regarding an allegation of ineffective assistance.

The appellant appealed his conviction for possession of marijuana for the purpose of trafficking.

The Crown conceded that the trial judge erred by relying on the appellant's testimony from a pre-trial Charter voir dire to determine guilt at trial.

The appellant argued this error should result in an acquittal due to a lack of evidence linking the drugs seized to the Health Canada certificate of analysis.

The Court of Appeal disagreed, finding a sufficient link, and ordered a new trial based on the trial judge's error.