McCombs

The accused, a nightclub bouncer and a patron, were charged with aggravated assault following a violent altercation at a crowded nightclub.

The Crown's case relied heavily on eyewitness testimony from security personnel, the victim, and the victim's friend, as well as a statement from the bouncer's former girlfriend.

The court found the eyewitness identification evidence to be highly unreliable due to poor lighting, chaotic circumstances, inconsistencies, and evidence of collusion between the victim and his friend.

The court also admitted prior consistent statements from the bouncer.

Finding the Crown's evidence insufficient to prove identity and participation beyond a reasonable doubt, the court acquitted both accused.

The applicants sought to strike an agreement from the land registry that had been registered on the title of their residential property for nearly 25 years.

The agreement, made between siblings, contained a right of first refusal and provided for equal distribution of net proceeds upon the sale of the property.

The court found that the agreement was intended to survive the death of the parties and bind their heirs.

The court also held that the addendum binding the applicant's spouse was supported by valid consideration in the form of forbearance.

Finally, the court confirmed the agreement was properly registered on title under both the Registry Act and the Land Titles Act.

The application was dismissed.