Zachary Gaston Talal Al-Khatib

The appellant appealed his convictions for sexual assault and assault, challenging the trial judge's credibility assessments on multiple grounds: failure to consider the complainant's motive to fabricate, failure to address inconsistencies in testimony, failure to consider evidence of collusion and tainting between the complainant and her daughter, and erroneous assessment of the appellant's credibility.

The Court of Appeal found no errors in the trial judge's comprehensive credibility analysis and dismissed the appeal.

This decision concerns the costs of a successful motion brought by the plaintiffs.

The court reviewed the parties' submissions, considering factors such as the nature and complexity of the motion, the amount claimed in the action, the defendant's conduct (including fulfilling undertakings and making concessions), and the proportionality of the requested costs.

While finding the plaintiffs wholly successful, the court determined that the quantum of costs requested was disproportionately large and applied a discount to the partial indemnity costs.

X.C., charged with sexual assault, sought directions on whether he needed to bring a s. 278.93 application under the Criminal Code to adduce WeChat text messages with the complainant, D.Z., at trial, and on the timing of any such application.

The court analyzed the Bill C-51 amendments to ss. 276, 278.1, and 278.92, distinguishing between messages with and without sexual content, and assessing the complainant's reasonable expectation of privacy.

The court ruled that some non-sexual messages and messages discussing past sexual activity directly related to the charge did not require pre-screening.

For other sexual messages, pre-screening was required, but the application could be brought mid-trial after the complainant's testimony, to protect the accused's right to make full answer and defence.