C.M. Speyer

The appellant appealed his convictions and sentence for assault, mischief, and failure to comply with an undertaking.

The charges arose from an altercation where the appellant evicted his teenage daughter, grabbed her, and threw her computer, as well as a subsequent breach of a no-contact order regarding another daughter.

The Court of Appeal dismissed the appeal, finding the daughter was not a trespasser, the trial judge properly inferred damage to the computer, and the appellant could not use an unauthorized third party to communicate.

The 45-day sentence was upheld as reasonable.

The appellant appealed a conviction entered by the Ontario Court of Justice.

The trial judge had stated that the complainant's viva voce evidence was totally uncontradicted.

The Court of Appeal found this to be a dispositive error, as the appellant's videotaped statement, introduced by the Crown, contained specific denials of the conduct attributed to him.

The trial judge failed to resolve these conflicts and failed to apply the W.D. principles.

The appeal was allowed and a new trial was ordered.

The applicant sought leave to appeal a Summary Conviction Appeal Court decision that quashed his acquittal.

The trial judge had rejected the applicant's defence of non-insane automatism because he failed to lead expert evidence as required by R. v. Stone.

Furthermore, there was no evidence that the applicant was tricked into consuming alcohol.

The Court of Appeal denied leave to appeal, finding no issue of sufficient merit or importance.

The appellant appealed an order striking his statement of defence and counterclaim for persistently failing to satisfy undertakings given on an examination for discovery.

The Court of Appeal dismissed the appeal, finding that the motion judge's discretionary order was entitled to deference and was supported by the record, which showed the appellant failed to fully answer undertakings despite four court-ordered timetables in a case involving allegations of fraud.

The appellant appealed his conviction for robbery with a firearm, arguing the verdict was unreasonable due to insufficient evidence linking him to the attempted carjacking and establishing the weapon was a real firearm.

The Court of Appeal upheld the finding that the appellant was a party to the robbery, but found insufficient evidence to prove beyond a reasonable doubt that the firearm was real.

The appeal was allowed in part, substituting a conviction for robbery and reducing the sentence to 12 months' imprisonment.

The appellant appealed his conviction and sentence.

He argued the jury charge was misleading regarding credibility findings across counts, the consent instructions should have been tailored, and the trial judge erred in findings of fact for sentencing.

The Court of Appeal dismissed the conviction appeal, finding the jury instructions were adequate and standard.

The court also granted leave to appeal the sentence but dismissed the appeal, holding the trial judge's findings of fact were well explained and open to him.