Douglas G. Edward

The appellant appealed his assault conviction for spanking his four-year-old daughter, which caused serious bruising.

He argued the trial judge erred by inferring causation without expert evidence and by rejecting his defence under s. 43 of the Criminal Code.

The Superior Court of Justice dismissed the appeal, finding that expert evidence was not required to establish causation and that the trial judge reasonably concluded the force used exceeded what was reasonable under the circumstances.

The appellant appealed a summary judgment dismissing his action against the respondents based on the expiry of the limitation period.

The appellant argued that a $5,000 cash payment from the respondents extended the limitation period, a claim the respondents denied.

The Court of Appeal found that while the motion judge properly refused an adjournment, he failed to resolve the material contradictions in the evidence regarding the alleged payment.

The appeal was allowed and the summary judgment was set aside.