3 total
Appeal from conviction dismissed; identity of accused established through arraignment confirmation and circumstantial evidence.
The appellant appealed his convictions for assault and failing to comply with a probation order, arguing the trial judge erred in finding sufficient evidence to link him to the person named in the Information and Probation Order.
The Superior Court of Justice dismissed the appeal, finding that the appellant's confirmation of his identity at arraignment, his counsel's statements, and circumstantial evidence including eyewitness testimony and matching details in court documents were sufficient to prove identity beyond a reasonable doubt.
The accused was convicted of dangerous driving and flight from police, and a stay for unlawful pre-trial detention was denied.
Corey Parnell was charged with dangerous driving and flight from police.
He argued non-culpability due to police conduct and sought a stay of proceedings for unlawful pre-trial detention.
The court found him guilty of both charges, rejecting his defences of reasonable excuse and necessity.
While acknowledging a Charter breach for two days of unlawful pre-trial custody, the court declined to stay proceedings, finding an alternative remedy (sentence reduction) more appropriate and that the integrity of the justice system would not be harmed by continuing the trial, partly due to defence counsel's role in the communication breakdown.
Unjust enrichment claim dismissed as applicant failed to prove joint family venture or financial contributions.
The applicant and respondent cohabited for 23 years but were never married.
After separation, the applicant brought a claim for unjust enrichment and a share of the respondent's property, arguing they were engaged in a joint family venture.
The court dismissed the claim, finding both parties had significant credibility issues and the applicant failed to prove she made financial or non-pecuniary contributions that enriched the respondent.
The court concluded there was no mutual effort, economic integration, or actual intent to share assets.
