Mr. House

The appellants were convicted of administering a stupefying thing to enable sexual assault and sexual assault causing bodily harm against two complainants.

They appealed, arguing the trial judge erred in relying on evidence of the complainants' out-of-character conduct, misapprehended toxicological evidence, and improperly used post-offence conduct evidence.

The Court of Appeal dismissed the appeal, finding no errors in the trial judge's assessment of the evidence or application of legal principles.

The self-represented applicant sought costs following a 21-day trial where she was awarded $15,573.63 for spousal support and contributions to a property.

The respondents sought full recovery costs of $71,473.57.

The court found the applicant's conduct highly unreasonable for most of the litigation, disentitling her to costs for that period.

However, after she made a reasonable settlement offer mid-trial, she was entitled to partial recovery costs.

The court awarded the applicant $3,250 in costs, factoring in her opportunity cost and the legal assistance she received.

Sentencing decision following convictions for impaired operation causing death and driving while disqualified after a snowmobile collision that resulted in the death of a teenage passenger.

The offender had consumed alcohol, operated the vehicle while prohibited, and lost control on a rural roadway, striking a tree.

The court considered victim impact statements, the offender’s criminal record involving prior alcohol-related driving offences, and a presentence report outlining personal circumstances and alcohol misuse.

While the offender had complied with strict bail conditions for several years and had family responsibilities, the court emphasized denunciation and general deterrence in cases of impaired driving causing death.

A penitentiary sentence was imposed together with a lengthy driving prohibition and a DNA order.

The applicant sought possession of six trailers and damages for conversion.

The respondents had previously sold their trucking company but retained a general security agreement.

When the new company went bankrupt, the respondents instructed a receiver to sell the applicant's trailers, despite knowing the applicant had a prior perfected security interest under the Personal Property Security Act.

The court found the respondents personally liable for conversion, as they acted under their personal security agreement.

Damages were assessed at $129,500, and the respondents' claim for a set-off for storage and maintenance was dismissed.