Winfield Edward Corcoran

The appellant, convicted of sexual interference and sexual assault against his niece, appealed both convictions and the global 9-year sentence.

The Court of Appeal dismissed the conviction appeal, finding no error in the trial judge's restrictions on cross-examination regarding delay in reporting or avoidant behaviour, nor in the refusal to order production of psychiatric records, and no Kienapple error as distinct delicts were found.

The Court also dismissed the sentence appeal, upholding the proportionality and fitness of the sentence, distinguishing it from a lower comparable sentence based on the severity and duration of the abuse.

This is a costs endorsement following motions regarding refusals on cross-examinations in a proposed class action.

The plaintiff's motion for refusals was largely dismissed, while the Solart defendants' cross-motion regarding the plaintiff's refusals was allowed.

The court considered various factors under Rule 57.01(1) of the Rules of Civil Procedure and Section 131(1) of the Courts of Justice Act, emphasizing that substantial indemnity costs are reserved for "reprehensible, scandalous, or outrageous conduct." While the plaintiff's counsel's conduct was deemed unreasonable, it did not generally meet this high threshold, except in the case of Martin Yockell, where class counsel's conduct during cross-examination was found to be reprehensible, warranting substantial indemnity costs.

The court also addressed the recoverability of costs for pro bono counsel and costs thrown away.