K. McArthur

The Crown applied to admit the preliminary inquiry testimony of the accused's deceased mother under s. 715 of the Criminal Code or the principled exception to the hearsay rule.

The defence opposed, arguing the subpoena compelling her attendance at the preliminary inquiry was invalid because it was issued by a Superior Court judge rather than an Ontario Court of Justice judge.

The court held that under s. 5 of the Justices of the Peace Act, a Superior Court judge has the powers of a justice of the peace and can issue such subpoenas.

Furthermore, the witness testified under oath and was subject to cross-examination, satisfying the requirements of s. 715 and the procedural reliability threshold of the principled exception to the hearsay rule.

The application was granted.

The applicant in a family law proceeding brought a motion to amend her pleadings to add her spouse's corporation as a third party, seeking repayment of alleged demand loans.

The corporation opposed the motion, arguing that the limitation period had expired because the original family law application constituted a demand for payment.

The court allowed the motion, finding it was not plain and obvious that the original application, which named only the spouse, constituted a clear and unequivocal demand to the corporation itself.

The applicant was permitted to amend her reply to add the corporation as a party.