Paul Stephen Adolpho Bragagnolo

The applicant, 2248169 Ontario Inc., sought orders for vacant possession and related relief regarding two properties occupied by the respondents.

The respondents claimed rights of occupancy under long-standing leases or assignments.

The court found that there were material factual disputes, including the existence and enforceability of the leases and whether the applicant had notice or was willfully blind to their existence.

The court held that these issues required viva voce evidence and could not be determined on the application record, and therefore ordered that the application be converted to an action.

The appellant, Orville Kebokee, appealed his conviction for sexual interference under s. 151 of the Criminal Code.

He argued that the trial judge erred in credibility assessment by accepting the complainant's evidence and rejecting his, and by impermissibly discounting issues based on the complainant's age.

The Court of Appeal dismissed the appeal, finding no palpable and overriding errors in the trial judge's credibility analysis and affirming the deference owed to such findings.

The court rejected the argument that the trial judge's consideration of the complainant's age diluted the standard of proof.

The appellant, a corporation operating a Canadian Tire store, appealed a motion judge's decision dismissing a defamation action under section 137.1 of the Courts of Justice Act.

The motion judge found that a Facebook post and media article by the respondents describing poor customer service at the store related to a matter of public interest.

The Court of Appeal upheld the motion judge's decision, finding no extricable error of law or palpable and overriding factual error.

The appeal was dismissed with costs awarded to the respondents.