Dr. King

The appellant was convicted of first-degree murder after the deceased was found in a submerged vehicle.

At trial, the Crown relied on unchallenged toxicology evidence suggesting the deceased died within 15 to 20 minutes of his last drink, supporting the theory of a planned murder.

On appeal, the appellant sought to introduce fresh toxicology evidence, conceded as correct by the Crown, showing the trial expert's time estimate was scientifically unsound.

The Court of Appeal applied the Palmer test and admitted the fresh evidence, finding it could reasonably be expected to have affected the jury's verdict.

The appeal was allowed, the conviction quashed, and a new trial ordered.

The applicant was found severely injured in a driveway between two houses with no memory of the incident.

He claimed statutory accident benefits, alleging he was struck by a motor vehicle.

The insurer denied the claim, arguing the injuries resulted from an assault.

After hearing extensive medical expert testimony regarding the pattern and severity of the injuries, the arbitrator concluded on a balance of probabilities that the injuries were consistent with a pedestrian-automobile collision and ruled that the applicant was involved in an 'accident' under the Schedule.