Peter S. Grbac

The accused was charged with robbery and wounding following a home invasion where two brothers were assaulted and stabbed.

The central issue at trial was identity.

The victims identified the accused, whom they had known from their neighbourhood years prior, both during the incident and in subsequent photo lineups.

Despite defence arguments regarding the reliability of the recognition evidence, the passage of time, and flaws in the photo lineup procedures, the court found the identification evidence credible and reliable.

The accused was found guilty of all charges.

The appellant, Abdulaziz Al-Enzi, appealed his conviction for aggravated assault and his 30-month sentence, which arose from a jailhouse altercation.

The appeal challenged the trial judge's decision to proactively invite submissions and grant a defence motion to reopen the case after noticing discrepancies in video evidence during judgment preparation.

The Court of Appeal dismissed both the conviction and sentence appeals.

The court affirmed the trial judge's judicial exercise of discretion in reopening the trial, finding it was done in the interest of fairness and consistent with the Hayward test.

The court also found the sentence fit, citing serious aggravating factors including the assault's occurrence in a correctional facility, the use of a concealed weapon, and the complainant's permanent injuries.

The moving parties, a company and its CEO, commenced a private prosecution against a court-appointed receiver under the Environmental Protection Act, alleging the receiver stored excess organic waste.

The receiver brought a motion to stay the prosecution, arguing the moving parties failed to obtain leave of the court as required by the receivership order and that the prosecution was an abuse of process.

The Superior Court of Justice held that a private prosecution is a 'proceeding' requiring leave under the receivership order.

The court refused to grant leave and stayed the prosecution, finding it was an abuse of process because the moving parties were attempting to relitigate the exact same allegations that had previously been dismissed by the Superior Court and the Court of Appeal in a prior motion for leave to sue the receiver.