Dr. Ahmad

The appellant, Andrew Cowan, appealed his conviction for second-degree murder.

The appeal was based on two primary grounds: inadequate disclosure by Crown counsel regarding the extent of his friendship with the trial judge, and the trial judge's post-conviction social interactions with the prosecution team.

The Court of Appeal found that the Crown's failure to fully disclose the nature of his relationship with the trial judge, including a prior agreement not to appear on the same cases, constituted a miscarriage of justice.

Additionally, the trial judge's decision to meet for drinks and dinner with the prosecution team immediately after the jury's verdict, and before sentencing, created a reasonable apprehension of bias.

The Court allowed the appeal and ordered a new trial.

The applicant, a minor who sustained a catastrophic brain injury in a motor vehicle accident, sought statutory accident benefits to fund private school tuition for her twin brother.

The applicant argued that her brother's presence at the school was a necessary rehabilitative tool that significantly improved her communication and social engagement after traditional treatments failed.

The adjudicator found the treatment plans to be reasonable and necessary, rejecting the respondent's insurer examination report which speculated about potential harm to the brother.

However, the adjudicator dismissed the claim for payment because the applicant incurred the expenses before submitting the treatment plans, violating section 38(2) of the Schedule.

Claims for interest and a special award were also dismissed.