All Cases

R v Tingle, 2018 ONSC 7109 (Campbell): [11] In my view, a verdict reached by a jury, in earlier, separate criminal trial proceedings against the alleged principal offender is not admissible in evidence in subsequent criminal trial proceedings against other alleged parties to the crime. . . [24] This logic also finds expression in the Canadian judicial authorities following the Read more...

R v Pilon, 2018 ONCA 959 (Hourigan): [27] Notwithstanding the broad statement in para. 102 of Golden, that exigent circumstances are limited to safety concerns, and the absence of case law considering preservation of evidence as an exigent circumstance justifying a field strip search, it is at least arguable that the Supreme Court in Golden left open the possibility that Read more...

R v Slatter, 2018 ONCA 962 (Fairburn): [47] The appellant claims that the trial judge erred by permitting Lozano’s memory to be refreshed in the manner pursued by the trial Crown. Specifically, the appellant objects to the Crown having: (a) failed to ask Lozano if he wanted some assistance with recalling the events; (b) read out passages from Lozano’s prior Read more...

[63] I would summarize the above discussion as follows: 1) Minimum fines establish sentencing floors that apply regardless of ordinary sentencing principles. The imposition of fines above the minimum threshold is governed by ordinary sentencing principles, as well as any principles set out in the relevant legislation. 2) Section 59(2) of the POA vests a discretionary authority in trial judges Read more...

R v. McPhee – 2018 ONCA 1016 (Hoy): [1] A. HOY A.C.J.O.:– On September 12, 2013, the appellant, Jordan McPhee, threw a single punch at Kevin Dhillon, his cellmate at the Maplehurst Correctional Facility. The punch landed on Dhillon’s face, beside his left eye, and broke his orbital bone. Dhillon required surgery as a result. | | [9] It was Read more...