M. McKee

The moving party (defendant) brought a motion to set aside a default judgment that ordered the sale of a property under the Partition Act.

The moving party argued that the property was held in trust for several family members who had contributed to its purchase and carrying costs, and that he missed the hearing due to confusion over an adjournment date.

The court applied the factors for setting aside a default judgment, finding that the moving party moved expeditiously after learning of the judgment, had a plausible explanation for the default, and presented an arguable defence based on a constructive trust and an oral agreement.

The court concluded that the interests of justice favoured setting aside the judgment, as the prejudice to the moving party and his family outweighed any prejudice to the responding party.

The motion was granted.

During a criminal jury trial for extortion, robbery, and death threats, the Crown sought to re‑examine the complainant about her understanding of one accused’s reputation to explain her delayed report to police.

Defence objected, arguing the evidence constituted inadmissible character evidence with prejudicial impact.

The court held that the proposed testimony was admissible not to prove the truth of the accused’s alleged reputation, but to establish the complainant’s state of mind and rebut defence suggestions that the allegations were fabricated due to delayed reporting.

Applying the balancing approach to discreditable conduct evidence, the court found the probative value in addressing credibility outweighed the potential prejudice.

The Crown was therefore permitted to ask the proposed questions with a limiting jury instruction.

The offender was convicted by a jury of conspiracy to export 208,000 ecstasy pills to the United States, possession of ecstasy for the purpose of exporting, and possession of a weapon for a dangerous purpose.

The offender acted as a delivery person in an undercover operation directed by a co-conspirator.

The court sentenced the offender to 5 years for the drug offences and 6 months consecutive for the weapon offence, less 6 months credit for strict bail compliance, resulting in a net sentence of 5 years.