Ontario Court Of Appeal Summaries (December 24 – 28, 2018)

I hope everyone celebrating had a Merry Christmas.

As expected at this time of year, it was a quiet week at the Court of Appeal for Ontario.

There was only one substantive civil decision, Lauzon v Fortier, a family law decision. The issue was whether a husband who was owed his share of the equity in the matrimonial home upon transferring it to his wife following separation should be required to receive that equity by way of set-off as against the equalization payment that he owed his wife. The main asset to be equalized was the husband's pension, which he would not vest for years. The Court refused to interfere with the trial judge's exercise of discretion that the husband be paid his equity by the wife immediately (even if that meant the wife might have to sell the matrimonial home), and that the husband make his equalization payment to his wife by way of a spousal rollover of his pension. It was open to the trial judge to conclude that it would be unfair to the husband to leave the marriage after 15 years with what amounted to a single asset - his pension - that he could not access for many years. The result was that the husband and the wife could both equally enjoy the fruits of their marriage in the present, as well as in the future.

Wishing everyone a Happy New Year and all the best for 2019!

Table of Contents

Civil Decisions

Lauzon v. Fortier, 2018 ONCA 1086

Keywords: Family Law, Matrimonial Home, Equalization of Net Family Property, Set-Off

Criminal Decisions

R. v. Bews, 2018 ONCA 1077

Keywords: Appeal Book Endorsement, Criminal Law, Canadian Charter of Rights and Freedoms

R. v. Dowser, 2018 ONCA 1079

Keywords: Appeal Book Endorsement, Criminal Law

R. v. Hersi, 2018 ONCA 1082

Keywords: Criminal Law, Possession of a Firearm, Trafficking a Firearm, Criminal Code, s. 99, R. v. Murdock (2003), 176 C.C.C. (3d) 232 (Ont. C.A.), R. v. Duncan, 2015 ONCA 928, 332 C.C.C. (3d) 347, Jurisdiction, Criminal Code, s. 478, Evidence, Admissibility, Hearsay, Criminal Code, s. 686(1)(b)(iii)

R. v. Othman, 2018 ONCA 1073

Keywords: Criminal Law, Second-Degree Murder, Defences, Self-Defence, Provocation, Evidence, Admissibility, Prior Statements, Voluntariness, R. v. Oickle, 2000 SCC 38, R. v. Wabason, 2018 ONCA 187, R. v. Van Wyk, [1999] O.J. No. 3515 (S.C.J.)

R. v. Petroniuk, 2018 ONCA 1083

Keywords: Criminal Law, Assault, Criminal Code, s. 672.56, Canadian Charter of Rights and Freedoms, s. 7, Campbell (Re), 2018 ONCA 140

R. v. Dillon, 2018 ONCA 1085

Keywords: Criminal Law, Possession of a Firearm, R. v. Richards, 2001 CanLII 21219 (Ont. C.A.), R. v. Charbonneau, 2004 CanLII 9527 (Ont. C.A.), Evidence, Admissibility, Hearsay, Prior Inconsistent Statements, Vetrovec Witnesses

R. v. Jiang, 2018 ONCA 1081

Keywords: Criminal Law, Second Degree Murder, Mistrials, Non-Disclosure, Canadian Charter of Rights and Freedoms, s. 7, R. v. Dixon, [1998] 1 S.C.R. 244, R. v. Skinner, [1998] 1 S.C.R. 298, R. v. LAT (1993), 14 O.R. (3d) 378 (C.A.)

R. v. Albinowski, 2018 ONCA 1084

Keywords: Criminal Law, Sentencing, Delay, Canadian Charter of Rights and Freedoms, s. 11(b), R. v. Jordan, 2016 SCC 27, Standard of Review, Correctness, R. v. Jurkus, 2018 ONCA 489, leave to appeal refused, [2018] S.C.C.A. No. 325, R. v. Godin, 2009 SCC 26, R. v. Gopie, 2017 ONCA 728

Ontario Review Board

Persaud (Re), 2018 ONCA 1080

Keywords: Ontario Review Board, Criminal Law, Attempted Murder, Aggravated Assault, Assault with a Weapon, Not Criminally Responsible, Mental Disorder, Community Treatment Order, Mental Health Act


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