T. Wilson

The applicant, charged with multiple firearms offences, sought standing to bring a s. 8 Charter application challenging the search of a motorcycle club clubhouse where items were seized during a warrant execution.

The Crown opposed, arguing the applicant had no reasonable expectation of privacy as he was not an owner, tenant, or resident.

The court found that the applicant's extensive use of the property -- including regular attendance, overnight stays, maintenance, renovations, financial contributions, storage of personal belongings, and ability to regulate access as one of ten members -- established a reasonable expectation of privacy sufficient for standing, even though the property was not his primary residence.

The accused was tried on 15 counts of domestic violence-related offences, including sexual assault, assault with a weapon, forcible confinement, and uttering threats against his former partner.

The court applied the W.(D.) framework to assess credibility, ultimately rejecting the accused's testimony and accepting the complainant's evidence as truthful and compelling.

The accused was found guilty on 13 counts.

The defendants brought a motion requiring the plaintiff to produce English-language translations of German-language documents listed in its Affidavit of Documents prior to examinations for discovery.

The plaintiff argued there was no obligation to translate documents produced on discovery.

The court held that, by analogy to the rules regarding interpreters at oral examinations and the general principle of proportionality, the producing party has an obligation to provide translations of relevant foreign-language documents at the discovery stage so the opposing party can understand the case it has to meet.

The plaintiff was ordered to produce translations of the key German-language emails at its own expense.