The Court of Appeal for Ontario allowed the appeal of Kathleen Thur from convictions for obstructing justice and uttering a forged document.
The court admitted fresh expert evidence regarding the authorship of a disputed letter, finding that the new reports could reasonably be expected to have affected the verdict.
While the court set aside the conviction, it ordered a new trial rather than an acquittal, holding that the interests of justice required a retrial in light of the new evidence.