Rocco Kusi Achampong

The appellant, S.M.C., sought to appeal a sexual assault conviction but failed to perfect the appeal despite numerous court appearances, extensions, and warnings.

The Court of Appeal for Ontario dismissed the appeal as abandoned, citing egregious and persistent non-compliance with court directions, including a prior failure to comply with bail conditions.

The court emphasized that the justice system cannot operate effectively if court orders are disregarded.

The appellant appealed his conviction for impaired driving, raising five grounds: the trial judge's handling of a Charter application, alleged misapprehension of evidence regarding vehicle damage, judicial interventions during cross-examination, the use of the appellant's statements to a breath technician, and the sufficiency of reasons for credibility assessment.

The appeal court found no error in the trial judge's dismissal of the Charter application due to the appellant's procedural failures, nor in the inference of a collision based on witness testimony.

The court also determined that the trial judge's interventions did not create an unfair trial or apprehension of bias, and that the appellant's statements, once introduced by the defence, were available for credibility analysis.

The trial judge's reasons for rejecting the appellant's testimony were deemed sufficient.

The appeal was dismissed, and the appellant was ordered to surrender into custody.

The Attorney General of Ontario appealed a Superior Court decision that declared provisions of Bill 5 (Better Local Government Act, 2018) unconstitutional for violating freedom of expression rights under s. 2(b) of the Canadian Charter of Rights and Freedoms.

Bill 5 reduced Toronto's municipal wards from 47 to 25 mid-election.

The application judge found that the mid-campaign change substantially interfered with candidates' ability to communicate their political messages and violated voters' right to effective representation.

The Court of Appeal granted a stay of the lower court's order pending appeal, finding a strong likelihood that the application judge erred in law and that the appeal would succeed.

The court held that Bill 5 does not limit or restrict candidates' messages and that the right to effective representation falls under s. 3 (democratic rights), not s. 2(b) (freedom of expression), and s. 3 does not apply to municipal elections.

The province enacted Bill 5, reducing Toronto wards from 47 to 25, mid-municipal election.

Applicants challenged its constitutionality.

The court found Bill 5 violated candidates' and voters' freedom of expression under s. 2(b) of the Charter, as it substantially interfered with campaign communication and denied effective representation due to increased ward sizes.

The violation was not justified under s. 1, as the legislative objectives (better decision-making, voter parity) were not pressing and substantial enough to warrant mid-election implementation, nor was minimal impairment demonstrated.

The impugned provisions were declared unconstitutional and set aside, requiring the election to proceed with 47 wards.

The respondent father sought costs against both the mother and her counsel, Rocco Achampong, following the stay of his Ontario Court of Justice custody application when the mother commenced divorce proceedings in the Superior Court of Justice.

The father claimed $6,135 in full indemnity costs.

The court found that while the mother was entitled to proceed in the Superior Court of Justice, her counsel's conduct in bringing a motion without notice in that court while actively corresponding with the father's counsel about an imminent motion in the Ontario Court of Justice constituted a breach of professional obligations.

The court awarded costs against the counsel personally but dismissed the claim against the mother.