Theresa Donkor

The appellants, Elias Akhi and Jezreel Moxam, appealed their convictions for robbery, assault with a weapon, and other offences arising from a home invasion.

The Court of Appeal found serious errors in the trial judge's jury instructions, specifically regarding party liability (aiding and common intention) and the failure to adequately delineate between the two accused and the multiple counts.

The instructions were deemed confusing and insufficient to properly equip the jury.

Consequently, the convictions were quashed, and a new trial was ordered for both appellants.

This appeal concerned the applicability of the third-party records regime under sections 278.1-278.9 of the Criminal Code to a former police officer's anticipated testimony and a draft statement of claim in a criminal trial.

The appellants, J.R. (the former officer) and Toronto Police Service, sought to overturn a subpoena requiring J.R. to testify and to prevent the use of the draft statement of claim.

The Court of Appeal upheld the lower courts' findings that the third-party records regime did not apply to oral statements made by J.R. and, in the specific circumstances, did not apply to the draft statement of claim.

Furthermore, even if the regime applied to the draft statement, its production was deemed necessary in the interests of justice.

The appeal was dismissed, and an interim stay was set aside, making the lower court's unsealing and set aside orders effective.