R. M. McMurtry

The appellant appealed his conviction and sentence.

He argued the trial judge gave inadequate instructions on in-dock identification and the W.D. framework regarding defence evidence.

The Court of Appeal dismissed the conviction appeal, finding the instructions sufficient given the context of the trial and the evidence presented.

The sentence appeal was also dismissed, as the sentence was deemed fit given the seriousness of the crime and the appellant's record.

The appellant appealed a trial judgment regarding liability for a fire.

The trial judge found that the appellant's failure to hook up a high limit switch and failure to warn the respondent of installation problems were material causes of the fire.

The Court of Appeal found no error in the trial judge's analysis of causation or apportionment of liability and dismissed the appeal, awarding costs of $15,000 to the respondent.