Kirkor Apel

The accused was charged with sexual assault and sexual interference against his young niece.

At the preliminary inquiry, the child claimed to have no memory of the events or her prior police interview.

The Crown sought to admit her video-recorded police interview under the principled exception to the hearsay rule.

The court found the statement met the criteria for necessity and threshold reliability and admitted it into evidence.

Applying the W.(D.) framework, the court accepted the child's statement over the defence evidence and found the accused guilty on both counts.

At a status hearing under Rule 48.14, the defendants sought dismissal of a personal injury action for delay following prolonged inactivity and incomplete document production.

The court reviewed the transition from the former Rule 48.14 to the revised rule effective January 1, 2015 and considered whether the plaintiff had shown cause why the action should not be dismissed.

Although the plaintiff’s delay in delivering an affidavit of documents was inexcusable, the court found no demonstrated prejudice to the defendants and noted that procedural remedies such as motions for further and better disclosure had been available.

Considering the relatively modest delay and the policy reflected in the amended rule extending the time to set an action down for trial, the court permitted the action to proceed.

The court ordered sworn affidavits of documents and additional productions within 45 days and directed that a pre‑trial conference be scheduled.