Doug McLeod

In a pre‑trial evidentiary motion in a homicide prosecution, the accused sought to exclude several items of proposed Crown evidence on the basis that their prejudicial effect outweighed their probative value.

The court applied the common law balancing test governing admissibility and considered whether the evidence would undermine trial fairness or invite improper jury reasoning.

Several graphic autopsy photographs and circumstantial forensic evidence were permitted where they illustrated the nature of the injuries or were relevant to the location and manner of the assault.

Evidence consisting of a written message on a pacifier package was excluded from the Crown’s case due to minimal probative value and risk of prejudice, though it could be used in cross‑examination if the accused testified.

A baseball bat potentially linked to the killing and a partial fingerprint found at the scene were admitted, with concerns about evidentiary weight left for the jury.

The plaintiff sought certification of a proposed class action against an insurer relating to the performance of the Can‑Am segregated fund offered through multiple insurance contracts.

The plaintiff alleged breach of express or implied contractual terms requiring the fund to replicate the S&P 500 on a best‑efforts basis, as well as negligent misrepresentation in pre‑contract information folders.

The court held that only five insurance contracts contained an express “best‑efforts” term capable of supporting a breach of contract claim, and claims based on implied terms or collateral contracts were legally untenable due to statutory entire‑agreement provisions and the non‑contractual status of information folders.

Although negligent misrepresentation disclosed a cause of action, the court found that individual reliance, causation, and damages issues overwhelmed the common issues such that a class proceeding was not the preferable procedure.

Certification was therefore granted only for breach of express contractual terms for the five specified policy forms, subject to exclusion of statute‑barred claims.

A mining corporation sought an interlocutory injunction preventing major shareholders from voting their shares or soliciting proxies in an upcoming shareholder meeting, alleging breach of a confidentiality agreement and misuse of confidential information obtained during a site visit.

The dissident shareholders also sought declaratory and injunctive relief relating to the conduct of the shareholder meeting under the Business Corporations Act.

The court applied the RJR‑MacDonald test and held that while the corporation established a strong prima facie case that confidential information had been received, it demonstrated only a weak case that the information had been misused.

The balance of convenience favoured allowing the proxy contest to proceed.

The court also declined to interfere in advance with the conduct of the shareholders’ meeting, emphasizing corporate autonomy absent demonstrated impropriety.

Deutsche Bank Securities Limited applied to the Ontario Securities Commission for a hearing and review of a decision by an IIROC Hearing Panel that dismissed its motion to stay a Notice of Hearing.

The applicant argued that IIROC lacked jurisdiction because it could not compel evidence from non-members, thereby denying the applicant the right to make full answer and defence.

The Commission dismissed the application, finding that the IIROC Hearing Panel correctly applied the law by reserving the stay decision until the extent of any prejudice could be assessed at a hearing on the merits.

The Commission also held that the application was premature.