M. Carter

The moving party sought to set aside a 2002 default child support order, arguing he never received notice of the proceedings and was not the child's father.

The original applicant was deceased, and the arrears were being enforced by an assignee.

The court applied the Mountain View Farms factors and dismissed the motion, finding that setting aside the 20-year-old order would negatively impact the integrity of the administration of justice, as the moving party had been aware of the potential claim in 2002 but chose to ignore it.

The accused was charged with arson and manslaughter following a fatal fire at a rooming house.

The Crown's case relied heavily on two alleged confessions by the accused and his history of making threats to burn down the building.

The court found significant credibility and reliability issues with the Crown witnesses, many of whom suffered from mental health issues or had extensive criminal records.

Furthermore, the presence of a plausible alternate suspect with a motive raised a reasonable doubt.

The accused was found not guilty on both charges.

During a trial for arson and manslaughter, the Crown brought an application to admit the preliminary hearing testimony of two missing witnesses under the principled exception to the hearsay rule.

The court found the necessity requirement was met because police made reasonable efforts to locate the transient witnesses.

The reliability requirement was also met as the evidence was given under oath and subject to contemporaneous cross-examination.

The application was granted and the audio recordings were admitted into evidence.