All Cases

R v. Sakhiyar, 2018 ONSC 5767 (Bale): [7] I do not accept defence counsel’s argument that the bail justice erred in law by failing to apply the “ladder principle”. This was a reverse onus bail hearing to which the “ladder principle” does not apply.” In this regard, I accept the following statement of law contained in Trotter, The Law of Read more...

R v Noddle, 2018 BCSC 2013 (Matthews): [17] In my reasons for judgment on convicting Mr. Noddle, I found that the communications Mr. Noddle sent in December 2017 and February 2018 were largely unintelligible in content, but they were not benign. The communications were directed at Dr. McEachran and drew a connection between her and Mr. Noddle. They made Dr. Read more...

R v McKinnon, 2018 ONSC 4781 (Gareau): [76] Section 162(2) of the Criminal Code defines the term “visual recording” to include photographic. Regrettably, there is no definition of what is intended by the phrase “surreptitiously” in the Criminal Code. The dictionary’s definition of surreptitious is “covert or clandestine”, or, in other words, something that is done secretly. In the case Read more...

R v. Lamure – 2018 ONSC 6161 (Parfett): [4] In the present case, the events that led to the allegation of sexual assault occurred sometime in the fall of 2013 when the complainant was 17 years of age. The complainant disclosed to her mother in November 2013 and her mother went to the police in January 2014 to advise them Read more...

R v CG, 2018 ONSC 6204 (Bell): [14] There is a distinction to be drawn between the “foundational information” for the opinion — which must be disclosed on the basis of an implied waiver of privilege over the facts underlying the expert’s opinion that results from calling the expert as a witness — and draft reports (Moore, at para. 75). Read more...