35974 Lucas v. The Queen; and Chau v. The Queen; and Coyle v. The Queen
35976 Rosa v. The Queen
(Charter — Criminal — Interception of private communications)
On appeal from the judgment of the Court of Appeal for Ontario pronounced July 23, 2014. The applicants were charged with firearms and drug charges following a large scale police investigation into the activities of an alleged criminal gang known as the “Doomstown Crips.” They were also charged with having committed the offences for the benefit of a criminal organization. There were several pre-trial; rulings in three of these are at issue in the leave application. There were two pre-trial motions for declarations of constitutional invalidity of two provisions of the Criminal Code, s. 186(1.1) and s. 487.01. Both motions were dismissed. The third ruling related to an in camera ex parte proceeding to determine whether certain individuals were confidential informers. The applicants were convicted at a trial before judge and jury and appealed their convictions to the Court of Appeal for Ontario. Their appeals were dismissed.
36131 Holloway v. The Queen (Criminal law – Manslaughter – Sentencing)
On appeal from the judgment of the Court of Appeal for Alberta pronounced March 6, 2014. The applicant was convicted of manslaughter and sentenced to a period of 96 months (8 years) of incarceration. He admitted to police that he and two others had hit and kicked the victim four to five times, and that he eventually stabbed the victim in the chest with a butter knife. He appealed his sentence, as did the Crown. A majority of the Court of Appeal dismissed the appeal, finding, among other things, that the sentencing judge did not err in denying the applicant enhanced credit for the 27 months he spent in pre-trial custody. The majority also concluded that the sentencing judge sufficiently considered the applicant’s aboriginal heritage in imposing a sentence which the Court of Appeal found to be fit and in keeping with the methodology for the coherent and open ratiocination of sentencing set out R. v. Laberge (1995), 165 A.R. 375. Berger J.A., dissenting, would have allowed the appeal, imposed a sentence of 78 months’ incarceration and credited the applicant on a 1.5:1 basis for his 27 months in pre-trial custody.
36099 Elbakhiet, et al. v. Palmer, et al. (Civil procedure – Costs)
On appeal from the judgment of the Court of Appeal for Ontario pronounced July 11, 2014. The applicant, Ms. Elbakhiet, was injured in a low speed motor vehicle accident when the vehicle in which she was a passenger was rear-ended in July, 2007. She suffered from post-traumatic headaches, whiplash-related symptoms, traumatic brain injury leading to post-concussive syndrome and depression. She sought general damages of $175,000 and special damages in the amount of $1,250,000 for, inter alia, loss of past and future income and loss of earning capacity. Her husband and children made claims under the Family Law Act, R.S.O. 1990, c. F.3. Prior to trial, the parties exchanged offers to settle. The respondents served their second offer on February 10, 2012 for $145,000 plus pre-judgment interest and costs on a partial indemnity basis to the date of the offer. The applicants served their offer to settle on February 9, 2012 for $600,000 inclusive of damages and prejudgment interest plus costs on a partial indemnity basis. After a nine week trial, the jury awarded total damages for the applicants in the amount of $144,013.07 plus prejudgment interest. At the subsequent costs hearing, the applicants claimed costs of $578,742.28 on a partial indemnity basis while the respondents claimed costs of $313,964.61, all inclusive to the date of their second offer. The Ontario Superior Court of Justice awarded the applicant partial indemnity costs of $578,742.28. The Court of Appeal allowed the Respondents’ appeal of costs and reduced the costs payable to the Applicant to $100,000.
36082 Estabrooks v. New Brunswick Real Estate Association (Torts — Professional liability)
On appeal from the judgment of the Court of Appeal for New Brunswick pronounced July 17, 2014. The applicant is a member of the respondent organization, the New Brunswick Real Estate Association (“NBREA”). He served as a member of the Board of the NBREA from 1999 to 2003 and as its President from 2001 to 2003. In 2002, a Board member wrote a complaint letter to the NBREA about the applicant. This letter was referred to the Complaints Committee of the Association pursuant to the New Brunswick Real Estate Association Act, S.N.B. 1994, c. 115. The Association’s Disciplinary Committee held a hearing to address the complaint and found the applicant guilty of professional misconduct. The applicant appealed to the Court of Queen’s Bench where this decision was eventually quashed. He launched a claim for malicious prosecution against NBREA. The Court of Queens’ Bench found NBREA maliciously prosecuted the applicant. The Court of Appeal allowed the appeal.
36075 Czarniecki v. Martin (Charter of Rights – Right to equality – Family law – Custody)
On appeal from the judgment of the Court of Appeal for Ontario pronounced June 23, 2014. The parties are the parents of a five-year-old boy who was born in Germany but lived with his parents in Canada. He was the subject of protracted custody proceedings in both Germany and Canada. Eventually, the respondent father was awarded sole custody in January, 2013 by a Canadian court. Costs of $105,000 were awarded against the mother. She sought to appeal the custody order and the father brought a motion for security for costs, which was granted. The applicant’s appeal of that order was dismissed.