Michelle L. Velvet

The appellant appealed his convictions for multiple offences relating to an armed home invasion robbery.

He argued that the trial judge erred in finding sufficient evidence of identity, misapprehended evidence, and erred in law by reversing the burden of proof.

The Court of Appeal found that the trial judge reasonably inferred identity from circumstantial evidence, including the doctrine of recent possession, and did not misapprehend material evidence or misapply the W.(D.) framework.

The appeal was dismissed.

The applicant filed a human rights application alleging discrimination in employment on the basis of race and disability against her employer and her union.

A summary hearing was held to determine if the application had a reasonable prospect of success against the union.

The Tribunal found that the essence of the allegations against the union was a failure to adequately represent her interests in the grievance process, which is a duty of fair representation issue outside the Tribunal's jurisdiction absent evidence of discrimination.

The application against the union was dismissed for having no reasonable prospect of success.