ONCA 2017

Appeal from conviction for robbery, use of an imitation firearm while attempting to commit robbery, obstructing police, and breach of recognizance.

The appellant challenged his convictions for robbery and use of an imitation firearm, arguing that the evidence showed only presence and passive acquiescence in a carjacking.

The trial judge found the appellant was the third perpetrator who entered the victim's vehicle during an armed carjacking.

The Court of Appeal upheld the convictions, finding that the appellant's conduct in getting into the stolen vehicle, fleeing with the other perpetrators, and the constellation of circumstantial evidence (including cell phone records, similar clothing, and after-the-fact conduct) supported a finding of party liability under section 21 of the Criminal Code.

The appellant appealed the motion judge's dismissal of his action for delay.

The action involved a dispute over ownership of shares in a corporation with an equity interest in a property development in Windsor, Ontario.

The appellant commenced the action in February 2004, more than seven and a half years after the relevant events in June 1996.

The action experienced significant periods of inactivity, including over five years of dormancy after the appellant filed his Affidavit of Documents.

The Court of Appeal upheld the dismissal, finding that the delay was inordinate, inexcusable, and prejudicial to the defendants, creating a substantial risk that a fair trial would not be possible.