Dr. Miller

The appellants were convicted of unlawful act manslaughter for failing to provide the necessaries of life to their 27-month-old daughter, who died of what trial experts concluded was a combination of asthma and malnutrition.

On appeal, the appellants sought to introduce fresh expert evidence from a forensic pathologist and a pediatric bone disorder expert, challenging the trial evidence on the cause of death.

The Court of Appeal admitted the fresh evidence, noting it was highly cogent and undermined the Crown's theory of liability at trial.

The appeals were allowed, the convictions set aside, and a new trial ordered.

The applicant, a police officer, was convicted of attempted murder after shooting a person on a streetcar.

He brought a constitutional challenge against the five-year mandatory minimum sentence for attempted murder with a restricted firearm under s. 239(1)(a)(i) of the Criminal Code, arguing it violated ss. 7 and 12 of the Charter.

The court dismissed the application, finding that the mandatory minimum was not grossly disproportionate given the high moral blameworthiness of the applicant's conduct, nor was it overbroad in its application to police officers.

The appellants, a nurse and her employer, appealed a trial judge's finding that they were 50 per cent liable in negligence on a crossclaim by a hospital.

The trial judge found that the nurse's delay in diagnosing and treating a patient's vasospasm exacerbated his brain injuries.

The appellants conceded the nurse fell below the standard of care but argued the trial judge's finding on causation was unreasonable.

The Court of Appeal dismissed the appeal, holding that the evidence, viewed as a whole, supported the trial judge's conclusion that the continuing negligence exacerbated the harm.