All Cases

R v Jalili, 2018 ONSC 6408 (Ahktar): [55] Mr. Thorning’s position that it was incumbent on the police to record every interaction with the complainant as part of disclosure, is also incorrect. [56] In R. v. Machado, 2010 ONSC 277, 92 M.V.R. (5th) 58, at para. 121, Durno J. commented that “[w]hile officers’ notes are provided as part of disclosure, Read more...

R v Thibeault, 2018 ONCA 876 (The Court): [11] Second, the appellant argues that the trial judge erred in permitting the Crown to adduce evidence of the threatening text messages from the appellant to the deceased and further erred in failing to caution the jury against improper use of the text messages. We reject this submission. [12] The trial judge’s Read more...

R v. Cote – 2018 ONCA 820 (Court): [14] In a pre-trial ruling, the trial judge held that the Crown could present hearsay evidence from Todd Starr, a long-time friend of McQuhae. Starr was permitted to testify that approximately two or three days before his death, McQuhae told Starr that he was concerned that he might be on the top Read more...

R v. Cote – 2018 ONCA 820 (Court): [38] The trial judge admitted only the second part of Cote’s evidence, that he had never seen McQuhae lose his temper, because it was evidence of McQuhae’s peaceful disposition. For the same reason, the trial judge admitted the evidence of Starr to the effect that McQuhae was generally slow to anger, and Read more...

R v. Dalkeith-Mackie, 2018 MBCA 118 (leMaistre): [18] In Charlette, Hamilton JA considered the starting point when sentencing for armed robbery and concluded (at para 46): In other words, the starting point for a judge’s analysis when sentencing an offender with no previous criminal record for robbery of a taxi driver when armed with a weapon is a sentence between Read more...