2 total
Appeal from first degree murder conviction dismissed; trial judge made no errors in jury instructions or evidentiary rulings.
The appellant was convicted of first degree murder, sexual assault causing bodily harm, and kidnapping of an eight-year-old child.
On appeal, he argued the trial judge erred in his instructions on post-offence conduct, in admitting a portion of the co-accused's videotaped statement for the truth of its contents, and in failing to give a Vetrovec warning regarding the co-accused's testimony.
The Court of Appeal dismissed the appeal, finding no evidential foundation for an accessory after the fact defence, that the videotaped statement met threshold reliability, and that the trial judge properly exercised his discretion to omit a Vetrovec warning at the tactical request of defence counsel.
Express guarantee terms barred the guarantor’s complaint about the secured asset sale.
The plaintiff bank moved for judgment against a guarantor under a written guarantee and an executed consent to judgment held in escrow.
The responding party argued, in substance, that the bank was negligent or otherwise responsible for failing to achieve an anticipated return on the sale of secured property.
The court held that the express terms of the guarantee displaced any duty of care to the guarantor regarding liquidation of the security and permitted the bank to compromise or enforce remedies in any order it chose.
Judgment was granted for $738,150 plus pre-judgment interest, with costs of $20,000 inclusive.
