Travis Moore

The Court of Appeal for Ontario considered the appeals of Rushawn Anderson and Nicholas Rhoden from convictions for attempted murder and aggravated assault.

The appellants argued that the trial judge erred in admitting out-of-court statements, in his rulings on Charter violations, in instructing the jury on fabrication, and that the verdicts were unreasonable.

The majority dismissed the appeals, finding the fabrication instruction sufficient and the verdicts reasonable.

In dissent, Gomery J.A. would have allowed the appeals, finding the fabrication instruction flawed and the verdicts unreasonable, and would have substituted acquittals.

The appellant, Harvey Colin Quinlan, appealed a sentence of a $40,000 fine and 12 months probation for violating s. 8(1) of the Building Code Act by commencing construction without a permit.

The appellate court found the original sentence demonstrably unfit and based on errors in principle, as it fell outside the established jurisprudential range of $500-$5000 for similar first offences.

The court emphasized the importance of considering mitigating factors, such as the appellant's self-reporting, efforts to mitigate harm by hiring an engineer, and pro-social motive (providing low-cost housing for vulnerable seniors), which the trial judge had largely ignored.

The appeal was allowed, and the fine was reduced to $2,000, while the probation term remained.

This is an addendum to reasons for judgment in a child protection matter under Part III of the Child and Family Services Act.

The court issued an addendum to clarify that the original order dated October 20, 2016 should include a provision granting the maternal grandparents authority to renew the child's passport and to travel with the child, or authorize the child's travel, out of Canada, without notice to or consent of the mother.

The addendum was necessary because this relief, which was discussed during the hearing and in the original reasons, was inadvertently omitted from the order section of the judgment.