Sherif M. Foda

The appellants laid a private Information against an organization for allegedly recruiting volunteers for a foreign armed force.

The Crown intervened and withdrew the charge, citing no reasonable prospect of conviction.

The appellants applied for certiorari, alleging abuse of process.

The application judge dismissed the application, finding a lack of standing and jurisdiction, and alternatively, that the appellants failed to meet the evidentiary threshold for abuse of process.

The Court of Appeal held that while the Superior Court does have jurisdiction and private informants do have standing to seek certiorari in these circumstances, the application judge correctly concluded that the appellants failed to meet the high evidentiary threshold to show abuse of process.

The appeal was dismissed.

The appellant appealed his conviction for historical indecent assault against his stepson, arguing the trial judge engaged in uneven scrutiny of the evidence and provided insufficient reasons regarding the reliability of the complainant's evidence.

The Court of Appeal found no error in the trial judge's assessment of the evidence, including the rejection of the appellant's exculpatory explanations.

The court also held that the trial judge's reasons sufficiently addressed the reliability of the complainant's evidence.

The appeal was dismissed.