Robin McKechney

The appellant appealed a decision of the Consent and Capacity Board finding him incapable of consenting to treatment with antipsychotic medication for a delusional disorder.

The appellant argued he suffered from multiple chemical sensitivity, not delusions, and that the Board erred in its capacity assessment.

The Superior Court of Justice dismissed the appeal, finding the Board made no errors of law and reasonably concluded the appellant was unable to recognize he might be affected by a mental condition, thus lacking capacity under the Starson test.

The appellants were convicted of two counts of breaching a regulation under the Conservation Authorities Act.

At trial, they were sentenced to fines of $5,000 each and a two-year probation order requiring reconstruction of a seawall.

The Conservation Authority appealed to the Provincial Offences Appeal Court, seeking removal of a home addition as a sentencing term.

The POAC judge allowed the appeal, set aside the original sentence, remitted the fines, and ordered removal of the addition.

The appellants appealed to the Court of Appeal for Ontario, arguing the POAC judge exceeded the scope of appellate review by reversing factual findings without identifying palpable and overriding error.

The Court of Appeal allowed the appeal, finding the POAC judge impermissibly substituted his own findings regarding whether the conduct constituted a flagrant and deliberate breach of the regulations.

The three accused, former senior executives of Nortel Networks Corporation, were charged with two counts of fraud over $5,000.

The Crown alleged that they deliberately misrepresented Nortel's financial results by manipulating accrued liability balances to meet earnings targets and trigger bonus payments.

The court conducted a detailed review of Nortel's accounting practices, the use of accrued liabilities, and the restatements of its financial results.

The court found that the Crown failed to prove beyond a reasonable doubt that the accused deliberately misrepresented the financial results or that the financial statements were materially misstated.

The accused were found not guilty on both counts.

The Attorney General of Canada, on behalf of the Republic of Korea, sought an order for the committal for extradition of the respondent for offences corresponding to conspiracy to commit fraud and fraud.

The respondent allegedly defrauded the Korean government of approximately $12 million CAD by illegally obtaining compensation for redeemed land.

The respondent argued the Record of the Case was manifestly unreliable due to translation errors and inconsistencies.

The court found sufficient available and reliable evidence on every essential element of the offences to justify committal and ordered the respondent's committal for extradition.