39697

Erik John Henning Pawson v. Her Majesty the Queen(B.C.)

Criminal law — Offence — Elements of Offence

The applicant lost control of his vehicle, and struck a person. Both of the lower courts held that the presumption of identity applies in transitional cases. The applicant was convicted of causing an accident resulting in bodily harm while operating a motor vehicle with a blood alcohol level over .08. The conviction appeal was dismissed.

39748

Alexander Davidoff and Alexandra Davidoff v. Rachel Goerz, Paderewski Society Home (Niagara), Niagara Regional Housing(Ont.)

Charter of Rights — Fundamental justice

Following an action in which the applicant, Mr. Davidoff, was found to be liable for damages for defamation to the respondent, Paderewski Society Home (Niagara), he and the applicant, Ms. Davidoff, brought two actions for malicious prosecution and intimidation against the respondents. The respondents moved to strike those actions on the grounds, inter alia, that they disclosed no reasonable cause of action. The application judge granted the motions, striking the actions without leave to amend. The applicants’ appeal was dismissed.

39764

Jeffrey Colegrove v. Her Majesty the Queen(Que.)

Charter of Rights — Criminal law — Sentencing

Following a police investigation, the applicant was arrested for possession of narcotics for the purpose of trafficking. A jury found him guilty on this count, and the Quebec Superior Court sentenced him to imprisonment for 9 years, 1 month and 25 days. The applicant appealed the sentence. He argued among other things that the trial judge had neither explicitly mentioned nor taken account of four Charter breaches that had been identified at the time of sentencing. The Quebec Court of Appeal was of the view that the trial judge’s conclusion that the constitutional violations were not serious enough to fall into the category of “mitigating circumstances” was very reasonable and perfectly consistent with the standards in this regard that had been developed in R. v. Nasogaluak, 2010 SCC 6, [2010] 1 S.C.R. 206. The Court of Appeal dismissed the appeal.

39756

Ville de Longueuil v. Guido Benedetti(Que.)

Municipal law — Performance of municipal duties

Mr. Benedetti applied for a declaratory judgment forcing Ville de Longueuil to assume the costs of his defence in accordance with s. 604.6 of the Cities and Towns Act in relation to a complaint lodged against him by the Ordre des ingénieurs du Québec. The Superior Court dismissed the application for a declaratory judgment. Mr. Benedetti applied to the Court of Appeal for authorization to present, as new evidence, the decision of the Ordre’s disciplinary council dismissing the charges brought by the Syndic. The Court of Appeal allowed the appeal and the motion for authorization to present new evidence. It set aside the trial judge’s decision and granted the application for a declaratory judgment noting the obligation of Ville de Longueuil to assume Mr. Benedetti’s costs of representation incurred in relation to the disciplinary complaint.

39805

P.C. v. Ontario (Attorney General)(Ont.)

Criminal law — Evidence — Hearsay

The applicant is a private informant who laid an information before a Justice of the Peace, alleging that the Ontario Provincial Police (“OPP”) and some of its members committed several indictable offences against his wife, who is a member of that police force. A month after the private information was laid, the applicant appeared before a Justice of the Peace who conducted a hearing (pre‑enquete) to determine whether a process should be issued to compel the attendance of the OPP and the named officers to attend and answer to the charges.

The Justice of the Peace declined to issue process on six of the alleged offences but ordered the issuance of process on one charge. The Crown counsel at that hearing stayed the final charge. The applicant applied to the Superior Court of Justice, seeking orders in lieu of mandamus and certiorari to compel the issuance of process and to quash the stay entered by the Crown. This application was dismissed. The applicant’s appeal from that decision was then dismissed.

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