Lauren Marie Wilhelm

The appellants Collins and Newton were convicted of murder and attempted murder following a five-week trial before a judge and jury.

Collins was found guilty of first degree murder and attempted murder; Newton was acquitted of first degree murder but convicted of second degree murder and attempted murder.

Both appealed their convictions.

The Court of Appeal found that the trial judge erred by failing to relate the evidence to the legal issues the jury had to decide, instead presenting evidence in a witness-by-witness format.

This error deprived the appellants of a fair trial.

The court rejected Newton's argument that his verdicts were unreasonable.

The convictions were set aside and a new trial was ordered.

The accused was charged with Failing to Comply with Probation (x2), Break and Entry to a Dwelling, Threatening Death, Assault, Mischief to a Cellphone, and Assault Causing Bodily Harm.

The defence conceded the two probation breaches.

The Crown's case on the remaining charges rested entirely on the complainant's testimony regarding two incidents in November 2014 and February 2015.

The court found the complainant to be a reluctant but generally credible witness.

However, the court found significant inconsistencies in her account of the February 2015 incident, particularly regarding contemporaneous text messages that contradicted her trial testimony.

The court found the Crown had proven the probation breaches beyond a reasonable doubt but failed to prove the remaining counts beyond a reasonable doubt.

The Hamilton Spectator applied to unseal production orders and Informations to Obtain (ITOs) that had been sealed in connection with a fraud investigation involving allegations that the accused defrauded Citizenship and Immigration Canada of over four million dollars.

The court dismissed the application on jurisdictional grounds, finding that because one accused was awaiting trial in Superior Court and the mode of trial for the other two accused had not been determined, the application should be brought before a Superior Court judge rather than the Ontario Court of Justice.