R. Stern

The defendant was charged with assault causing bodily harm, failing to comply with a release order, and obstructing justice, in addition to two other fail to comply counts to which he pleaded guilty.

The central issue at trial was the credibility and reliability of the complainant.

The court found the complainant's testimony to be unreliable due to significant inconsistencies, delayed disclosure linked to civil proceedings, an uncooperative demeanor regarding photographic evidence, and the implausible calm demeanor of the children immediately after the alleged assault.

Discrepancies between the complainant's account and the neighbour's testimony and audio recording further contributed to the court's doubt.

The court concluded that the prosecution failed to prove the charges beyond a reasonable doubt.

The plaintiff brought a motion for summary judgment.

The defendant argued the matter was not ready to proceed due to outstanding undertakings and refusals from cross-examination.

The plaintiff agreed to answer all undertakings and refusals within 24 hours and admitted negligence for the purpose of the motion.

The court ordered the summary judgment motion to proceed as scheduled and modified the timetable for the delivery of factums.

The plaintiff landlord brought a motion for summary judgment against the defendant tenant for damages caused by flooding, relying on the lease's insurance and indemnity clauses.

The defendant requested a case conference to argue that summary judgment was inappropriate because a third-party action against its subtenant would continue, risking inconsistent findings.

The court allowed the summary judgment motion to proceed, finding it proportionate and unlikely to result in inconsistent findings, as the third party had not defended the main action and would be bound by its outcome.

The court adjourned the motion to allow the third party to retain counsel and the defendant to conduct cross-examinations.