Emily Bala

The appellant was convicted of second-degree murder after stabbing the deceased, who had previously robbed him of a firearm.

On appeal, the appellant argued that administrative errors in compiling the 2022 jury roll violated his Charter rights to a representative jury and caused a miscarriage of justice.

He also challenged the trial judge's refusal to leave self-defence with the jury, the admission of prior discreditable conduct evidence, the voluntariness of his police statement, and the fitness of his 13-year parole ineligibility period.

The Court of Appeal dismissed the conviction and sentence appeals, finding no appearance of unfairness in the jury roll process, no air of reality to self-defence, and no errors in the trial judge's evidentiary rulings or sentencing.

Five organizations brought motions to intervene in an application challenging the constitutionality of the Safe Streets Act.

The applicant consented and the respondent did not oppose.

The court applied the test for intervention under Rule 13.02 and found that all five proposed intervenors—the Ontario Human Rights Commission, Aboriginal Legal Services, Justice for Children and Youth, the Income Security Advocacy Centre, and the Canadian Civil Liberties Association—met the criteria.

Each organization demonstrated special expertise, a real and substantial interest in the proceedings, and the ability to provide an important and distinct perspective.

The motions to intervene were granted.

The defendants in a libel action brought a motion for security for costs under section 12 of the Libel and Slander Act after the trial judge passed away before rendering a decision.

The court held that the test under section 12 is conjunctive, requiring the defendants to prove that the plaintiff lacks sufficient assets, that the defendants have a good defence on the merits, and that the statements were made in good faith.

Although the plaintiff lacked sufficient assets, the defendants failed to establish that their defences of justification, fair comment, or responsible journalism were more likely than not to succeed, or that the statements were made in good faith.

The motion for security for costs was dismissed.

The defendants moved to set aside service ex juris and stay a defamation action brought by an Ontario resident against an Israeli newspaper and journalists regarding an article published online.

The court held that Ontario had jurisdiction simpliciter because the alleged defamatory article was read by individuals in Ontario, establishing a presumptive connecting factor through the commission of the tort in the province.

The defendants failed to rebut the presumption of jurisdiction and did not demonstrate that Israel was a clearly more appropriate forum under the forum non conveniens analysis.

The plaintiff’s undertaking to limit damages to reputational harm suffered within Canada, the availability of jury trials in Ontario, and fairness considerations supported Ontario as the proper forum.

The court also rejected the argument that the action constituted an abuse of process due to minimal publication in Ontario.