Michael J. Pretsell

The applicant accused sought severance of counts on a multi-count indictment alleging sexual offences against three child complainants in a foster home setting.

Applying the interests of justice framework under s. 591(3) of the Criminal Code, the court found a strong factual and legal nexus among the counts, limited complexity, no objectively justifiable basis for testifying on only some counts, and a viable similar fact application by the Crown.

The court held that any prejudice arising from a joint trial could be addressed through jury instructions and that the public interest favoured a single proceeding.

The severance motion was denied.

The accused brought a defence motion seeking severance of charges in a criminal prosecution.

The court considered the request and determined that severance was not warranted in the circumstances.

The motion was denied, with the court indicating that reasons would follow.

The Member, a former elementary school teacher, pleaded no contest to allegations of professional misconduct stemming from his criminal convictions for indecent assault and common assault against five male students between 1969 and 1979.

The Discipline Committee found the Member guilty of professional misconduct for abusing his position of trust to sexually and physically exploit his students.

Accepting a joint submission on penalty, the Committee ordered the immediate revocation of the Member's teaching certificate and the publication of its findings and order.

The Alcohol and Gaming Commission of Ontario held a pre-hearing teleconference regarding a Notice of Proposal to suspend the liquor licence of Vic's Place.

The Board ordered the licensee to disclose its witness list and detailed evidence summaries to the Registrar ten days prior to the scheduled hearing.

The Registrar was also ordered to complete any further disclosure within the same timeframe.

The appellants appealed a jury verdict awarding the respondents damages for malicious prosecution and awarding the appellant Wayne Scott $1 in damages for assault.

The dispute arose from altercations over a right of way between trailer park owners and cottagers.

The appellants argued the jury verdicts were unreasonable and challenged the trial judge's jury instructions.

The respondent Bettes cross-appealed the finding of assault against him and the dismissal of his malicious prosecution claim.

The Court of Appeal dismissed both the appeal and the cross-appeal, finding that there was evidence to support the jury's findings, the jury instructions were proper, and the nominal damages award was open to the jury.

The Crown appealed the acquittal of a young person charged with a sexual offence.

The trial judge had found the evidence of non-consensual sex overwhelming, except for the complainant's muted response and her accompanying the respondent behind a building.

The Court of Appeal held that the trial judge erred in law by relying on the muted response to raise a reasonable doubt about consent.

The appeal was allowed and a new trial ordered.

The appellants, former nursing students at Loyalist College, sought to certify a class action against the college for breach of contract and negligent misrepresentation.

They alleged the college falsely promised a 'Queen's option' allowing them to obtain a nursing degree from Queen's University after completing two years at Loyalist.

The motion judge and Divisional Court dismissed the certification motion, finding no identifiable class or common issues.

The Court of Appeal allowed the appeal, holding that the lower courts erred in their application of section 5 of the Class Proceedings Act.

The Court found that the pleadings disclosed a cause of action, there was an identifiable class, common issues existed regarding the contract and representations, and a class proceeding was the preferable procedure.