Matthew Gourlay

The appellant appealed his convictions for sexual interference and sexual assault, arguing the trial judge misapprehended his evidence due to interpretation issues.

The Court of Appeal dismissed the conviction appeal, finding no misapprehension of evidence and upholding the trial judge's credibility assessments.

The appellant also sought a stay of proceedings for Charter breaches arising from his delayed release and strip search at a correctional complex following a bail order.

The Court found his Charter rights were violated and granted a one-month sentence reduction as a remedy.

The registrant brought a motion to adjourn her discipline hearing regarding allegations of professional misconduct for failing to comply with a previous discipline order.

She sought the adjournment to bring a motion to vary the previous order, citing impecuniosity and an inability to comply.

The College opposed the adjournment.

The Discipline Committee granted the adjournment, finding no risk to the public as the registrant's certificate of registration was cancelled, no prejudice to the College, and that the short delay was appropriate given her new pro bono counsel's oversight.

Summary conviction appeal from four assault convictions arising out of allegations by a spouse in the context of a deteriorating marriage and related family-law conflict.

The court held that the trial judge's reasons were inadequate because they did not meaningfully grapple with the live and central issue of motive to fabricate, despite a substantial evidentiary record bearing on animus, separation, removal from the matrimonial home, and pending family proceedings.

The court also held that the trial judge erred by preventing the self-represented accused from calling two defence witnesses after incorrectly treating the anticipated evidence as inadmissible hearsay, rather than hearing the evidence and ruling on admissibility as it emerged.

The appeal was allowed, the convictions were quashed, and a new trial was ordered on all four counts.

The Registrar issued a Notice of Proposal to revoke the registration of the applicants under the Motor Vehicle Dealers Act, 2002.

The parties reached a settlement agreement prior to the hearing.

The Licence Appeal Tribunal issued a consent order incorporating the terms of settlement, which included restricting the applicants' registration to the 'Wholesaler' class for one year, imposing a 90-day interim suspension, and requiring successful completion of the OMVIC Certification Course.