Ontario Court Of Appeal Summaries (November 12 16, 2018)
Good evening.
There were only two civil decisions summarized this week. Both were procedural in nature, and both were appeals from orders made after adjournment requests were denied. Both appeals were dismissed.
My partner, Lea Nebel, and I are in the process of putting together our roster of speakers for our third annual "Top Appeals" CLE that will be taking place as a dinner program on Monday, February 25, 2019. If you have any suggestions on decisions that were released this past year that you feel we ought to consider for inclusion, please let us know. Stay tuned for more details in the coming weeks.
John Polyzogopoulos Blaney McMurtry LLP 416.593.2953 Email Table of Contents
Civil Decisions
Royal Bank of Canada v Puzzolanti, 2018 ONCA 917
Keywords: Civil Procedure, Summary Judgment, Adjournments, Boaden Catering Ltd v Real Food for Real Kids Inc, 2017 ONCA 248, Hryniak v Mauldin, 2014 SCC 7
Vetro v St. George, 2018 ONCA 916
Keywords: Family Law, Civil Procedure, Uncontested Trial, Motion to Change, Adjournments
Short Civil Decisions
Ontario (Attorney General) v. Lochner, 2018 ONCA 910
Keywords: Civil Procedure, Appeals, Adjournments
Criminal Decisions
v. Wager , 2018 ONCA 907
Keywords: Criminal Law, Guilty Plea, Bias, Voluntariness, Ineffective Assistance of Counsel, Privilege
v. Clark , 2018 ONCA 779
Keywords: Criminal Law, Sentencing, Fines, Restitution Orders
v. Fleschhut , 2018 ONCA 911
Keywords: Criminal Law, Wilful Killing of Animal, Summary Conviction, Mens Rea, R v R.R, 2008 ONCA 497, Criminal Code, RSC, 1985, c C-46, s 429(1) and 445(1)
v. MacCullouch , 2018 ONCA 913
Keywords: Criminal Law, Summary Conviction, Criminal Harassment, Evidence, R v R.R, 2008 ONCA 497
v. Nguyen , 2018 ONCA 900
Keywords: Criminal Law, Summary Conviction, Guilty Plea, Sentencing, R v Rajaeefard, [1996] OJ No 108
v. Scrivener , 2018 ONCA 909
Keywords: Criminal Law, Adjournments, Delay, Canadian Charter of Rights and Freedoms, s 11(b)
v. Smith , 2018 ONCA 908
Keywords: Criminal Law, Adjournments, Evidence, Conflict of Interest
v. Ebagua , 2018 ONCA 898
Keywords: Criminal Law, Appeal Book Endorsement
v. Zbib , 2018 ONCA 899
Keywords: Criminal Law, Appeal Book Endorsement
v. Sabir , 2018 ONCA 912
Keywords: Criminal Law, Criminal Harassment, Mischief, Possession of a Weapon, Use of Imitation Firearm, Self-Represented Accused, Voluntariness, Voir Dire, Grounds for Arrest, Search and Seizure, Right to Testify, Sentencing, R v Tran (2001), 55 OR (3d) 161, R v Dimmock (1996), 47 CR (4th) 120, R v Breton, 2018 ONCA 753, R v Park, [1981] 1 SCR 64, R v Hodgson, [1998] 2 SCR 449, R v Sweezey (1974), 20 CCC (2d) 400 (Ont CA), Erven v The Queen, [1979] 1 SCR 926, R v Richards, 2017 ONCA 424, R v Roberts, 2018 ONCA 411, R v Wills (1992), 70 CCC (3d) 529, R v Angelantoni (1975), 28 CCC (2d) 179 (Ont CA), R v Smuk (1971), 3 CCC (2d) 457 (BCCA), R v Bates (2000), 134 OAC 156, Criminal Code, RSC, 1985, c C-46, s 486.3, Canadian Charter of Rights and Freedoms, s 8 and s 10
v. Hoshal , 2018 ONCA 914
Keywords: Criminal Law, Assault with a Weapon, Assault Causing Bodily Harm, Forcible Confinement, Mischief under $5,000, Failure to Comply with Probation, Criminal Harassment, Sentencing, Pre-Sentence Custody Credit, R v Summers, 2014 SCC 26, R v M(L), 2008 SCC 31, R v Codner, 2013 ONCA 138, R v Gamble, 2011 ONCA 308, R v Langlois, 2007 ONCA 642, R v MacFarlane, 2012 ONCA 82, R v Simoes, 2013 ONCA 465, R v Situ, 2010 ONCA 683, R v Wysokinski, [2005] OJ No 2299 (CA), R v Lacasse, 2015 SCC 64, Criminal Code, RSC, 1985, c C-46, s 719(3.1), s 753.1, s 753.2(1) and s 753.3(1), Corrections and Conditional Release Act, SC 1992, c.20, s134.1, Corrections and...
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