23 total
Appeal from sexual assault convictions dismissed; child's out-of-court statements properly admitted under hearsay exception.
The appellant appealed convictions for sexual assault and sexual touching of a five-year-old child.
The main issue was whether the trial judge erred in admitting the child's out-of-court statements to her foster mother under the principled exception to the hearsay rule.
The Court of Appeal found no error in the trial judge's conclusions that the statements were both reasonably necessary and reliable.
The court also rejected arguments regarding the admission of the foster mother's notes as exhibits and the reasonableness of the verdicts.
The appeal was dismissed.
Bail review granted; detention under tertiary ground not justified given weaknesses in Crown's case.
The appellant, charged with first degree murder, sought a review of a detention order under s. 680 of the Criminal Code.
The bail judge had ordered detention based solely on the tertiary ground under s. 515(10)(c).
The Court of Appeal found that the bail judge overstated the strength of the Crown's case and failed to properly apply the principles from R. v. Hall.
The Court concluded that the appellant's continued detention was not necessary to maintain confidence in the administration of justice, set aside the detention order, and granted bail.
Standardbred driver's licence reinstated subject to 180-day suspension and one-year probation with random drug testing.
The appellant, a standardbred licensee, appealed a suspension under Rule 6.38 of the Rules of Standardbred Racing.
Following an adjournment to allow the appellant to retain counsel, the Ontario Racing Commission heard the appeal based on an Agreed Statement of Facts.
The Commission reinstated the appellant's driver's licence subject to a 180-day suspension and a one-year probation period.
During probation, the appellant must submit to random drug testing, with any positive or improper sample resulting in an immediate full suspension.