The Crown sought to introduce expert evidence from a cellphone Health App to show the accused was pacing at home shortly after a fatal fire.
The defence opposed, arguing the underlying science was unreliable.
The court applied the White Burgess framework and found that the Health App data was not reliable for forensic purposes in this case, as there was no independent evidence the accused was walking or running with the phone, and the app could register false positives.
The evidence was ruled inadmissible.
