D. Doherty

The appellant was convicted of second-degree murder for stabbing his wife and sentenced to life imprisonment with 15 years of parole ineligibility.

He appealed the conviction on grounds including an inflammatory Crown opening, failure to repeat a W.D. instruction for a jury question, misstating expert psychiatric evidence, and errors in the provocation charge.

He also appealed the sentence.

The Court of Appeal dismissed the conviction appeal, finding the trial judge's instructions adequately addressed the Crown's opening and the jury's questions, and that the charge on provocation and expert evidence was fair.

The sentence appeal was also dismissed, as the trial judge's balancing of aggravating and mitigating factors was entitled to deference.

The appellant appealed a jury verdict and a trial judge's decision dismissing her action for damages arising from a motor vehicle accident.

The jury found that the appellant had recovered from her injuries and awarded $58,000 for loss of competitive advantage, while the trial judge ruled she did not meet the statutory threshold under the Insurance Act.

The Court of Appeal dismissed the appeal, finding that the jury's conclusion on causation was supported by the evidence and not internally inconsistent, and that the trial judge properly dismissed the action because the appellant failed to establish that her ongoing medical issues were caused by the accident.