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CCTV and support person orders granted for traumatized complainant.
On a Crown application in a sexual assault prosecution, the court granted testimonial accommodations permitting the complainant to testify by CCTV and with a support person present.
Applying the post-2015 wording of ss. 486.2 and 486.1 of the Criminal Code, the court held that the relevant threshold is whether the order would facilitate the giving of a full and candid account or otherwise serve the proper administration of justice, not whether exceptional circumstances or necessity were shown.
The court accepted evidence from a treating psychotherapist that the complainant experienced intense anxiety and dissociation when discussing the alleged offences and found those accommodations would reduce distress and make it easier to testify.
The court rejected the submission that credibility assessment or jury fairness would be materially impaired by video testimony.
A medical malpractice action was dismissed because the plaintiff's worsened Achilles tendon injury was caused by her own non-compliance, not the physician's standard of care breaches.
This medical malpractice action concerned the plaintiff's claim of chronic pain resulting from the defendants' alleged negligence in treating a ruptured Achilles tendon.
The court found that while Dr. Boivin breached the standard of care by failing to properly immobilize the plaintiff's foot or refer her to a specialist, and Kingsway Health Centre was negligent in administrative follow-up, these breaches did not cause the plaintiff's injuries.
The plaintiff's own non-compliance with medical advice and delay in seeking surgery were found to be the cause of her worsened condition.
The court also found the plaintiff to be an unreliable and incredible witness regarding her injuries and financial losses.
The action was dismissed.
