Rahman

The appellant appealed his conviction for second-degree murder, arguing the trial judge erred by dismissing his application to sit at counsel table rather than in the prisoner's box.

The Court of Appeal dismissed the appeal, taking the opportunity to clarify the legal framework for courtroom seating.

The Court held that an in-custody accused is presumed to sit in the prisoner's box, though trial judges retain discretion to permit alternative seating based on security, trial fairness, and the ability to make full answer and defence.

The Court found the trial judge's decision was reasonable and that standard jury instructions adequately mitigate any potential stigma associated with the prisoner's box.

The appellant appealed an order dismissing her application to remove a construction lien registered by the respondent for sewage backup remediation work.

Prior to the hearing, the Court of Appeal raised the issue of whether it had jurisdiction over the appeal or if it should have been brought to the Divisional Court under s. 71(1) of the Construction Act.

The parties agreed that the Divisional Court had jurisdiction.

The Court of Appeal confirmed that decisions made in reliance on the Construction Act, including orders discharging or refusing to discharge a lien, must be appealed to the Divisional Court.

The appeal was transferred accordingly.

The moving parties sought a panel review of a motion judge's order requiring them to pay $19,365.37 in costs for their abandoned appeal.

They argued the motion judge erred by refusing an adjournment to cross-examine the respondent's affiant and by fixing an unreasonable amount.

The Court of Appeal dismissed the review motion, finding no error in principle or unreasonable result in the motion judge's discretionary decisions regarding cross-examination and costs.

The appellants appealed an application judge's decision resolving multiple issues regarding an estate and family marina business, including the repayment of a loan and the payment of occupation rent.

The Court of Appeal found no palpable and overriding errors in the application judge's findings of fact or her award of costs.

The appeal was dismissed, save for a minor variation to the formal judgment to clarify that only the estate, not the appellant personally, was liable for the loan repayment.

The appellant appealed his convictions for sexual interference and invitation to sexual touching against a 14-year-old complainant.

The appellant argued the trial judge erred by failing to disclose the second part of a jury note asking for a rest day, failing to give a cross-count reasoning instruction, and failing to give a prior consistent statement instruction.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's handling of the jury note, which did not indicate rushed deliberations or prejudice.

The court also found that the additional jury instructions were not necessary, as there was no risk of cross-count reasoning and the Crown did not rely on prior consistent statements to bolster credibility.

The applicant, a Black man, was a passenger in a vehicle pulled over for a traffic stop.

The police officer claimed to see cannabis crumbs on the driver's hand and detained both occupants under the Cannabis Control Act, subsequently finding a handgun on the applicant.

The applicant brought a motion to exclude the evidence, alleging violations of his Charter rights, including arbitrary detention and unreasonable search motivated by unconscious racial bias.

The Superior Court of Justice found that the applicant's rights under ss. 8, 9, 10(a), and 10(b) of the Charter were violated, concluding that the officer lacked sufficient grounds for the search and that the stop and search were tainted by unconscious racial bias.

The evidence was excluded under s. 24(2) of the Charter.

The plaintiff brought a motion for summary judgment against its former president and sole director, alleging he engaged in a fraudulent scheme involving excessive or non-existent expenses and forged signatures.

The plaintiff relied heavily on a forensic accountant's report, but failed to provide direct evidence from individuals with knowledge of the facts underlying the accountant's assumptions.

The court dismissed the motion, finding the plaintiff's evidentiary record insufficient to establish that there was no genuine issue for trial regarding the alleged misrepresentations and fraud.

The plaintiff lawyer sued the defendant client for unpaid legal fees and included privileged communications in the statement of claim.

The defendant moved to strike the privileged paragraphs, arguing he had not waived solicitor-client privilege.

The court held that a client's refusal to pay legal fees does not constitute an implied waiver of privilege.

However, the court declined to strike the pleadings, finding that the plaintiff was entitled to include privileged information necessary to advance the claim.

To protect the privilege, the court ordered the file sealed.