Henein Hutchison Robitaille (HHR)

The appellant challenged a trial ruling under s. 12(1) of the Canada Evidence Act that permitted cross-examination on prior convictions after a Corbett application in a murder jury trial.

The Court clarified the Corbett framework, emphasizing that admissibility turns on whether convictions meaningfully support a credibility inference and whether prejudice, including moral and propensity prejudice, outweighs probative value.

The majority held the trial judge erred by admitting youth and certain violent convictions, but applied the curative proviso because the evidence of guilt was overwhelming.

Concurring judges would have found no reviewable Corbett error and dismissed the appeal on that basis.

The appeal was dismissed and the conviction was upheld.

This costs endorsement addresses the aftermath of a motion by Irene Theodora Maria Slegers to disqualify Lerners LLP from acting for Hans Charles Jonckheere due to an alleged conflict of interest.

The court dismissed the motion, finding no conflict, and was then asked to determine costs.

The court reviews the parties’ positions, the timing of the costs determination, the presumption of costs for the successful party, the impact of settlement offers, and the proportionality and reasonableness of the costs claimed.

Ultimately, the court orders Irene to pay Hans $57,000 in costs, reflecting the complexity and significance of the motion, the parties’ conduct, and comparable case law.

In a criminal appeal from jury convictions for first degree murder and attempted murder, the Court addressed whether lesser included offences of second degree murder and manslaughter had an air of reality and had to be left with the jury.

The majority held the trial judge erred by not leaving those included offences on the murder count, and upheld the order for a new trial on that count.

The Court held the error did not taint the attempted murder convictions and rejected additional challenges regarding jury aids, juror bias, and propensity instructions.

The appeal and cross-appeals were dismissed.