From Wikibooks, open books for an open world
Case
Citation
Summary
R. v. Delgado
2011 ONSC 4646 information was read as being sworn in 2016--nullity was overturned--mandamus ordered
R. v. Schwark
2001 MBQB 273 amendments that were not initialized did not result in a nullity.
R. v. Van Kralingen
[1994] O.J. No. 196 (C.A.)
conviction was entered on an information that had no date at all--court upheld the information
R. v. Akey
[1990] O.J. No. 2205 (Gen. Div.)
information sworn “17th day of 1989,” without any reference to the month--overturned nullity--“the defect would not be one of substance as the purpose of the information would be fulfilled as it would let the accused know it was sworn before a justice of the peace within the required six months.”
R. v. Dean
1985 CanLII 1142 (ABQB), (1985), 36 Alta. L.R. (2d) 8 (Q.B.)information sworn “30th day of August A.D. 19__.” without any reference to a year--overturned nullity--information was valid
Platt v. R.; R. v. Cowan
[1981] 4 W.W.R. 601 (Man. Q.B.)
information was missing a date--declared a nullity
R. v. Bobcaygeon
(1974), 17 C.C.C. (2d)
the month on the date was omitted as well as the county--declared a nullity
R. v. Justice of the Peace, Ex parte Robinson
[1971] O.J. No. 1924 (C.A.)
information sworn “A Justice of the Peace in and for the County of ___" and later saying "Province of Ontario".
R. v. Boutilier
(1928), 50 C.C.C. 186
information for an offence year of 1927 was stated as sworn in 1900 which would have been impossible--declared a nullity
R. v. C.E, 2011 ONSC 209 -- application for challenge for cause dismissed R. v. Messervier, 2010 ABQB 494 [1] - crown wrongly refused to call police officer R. v. Quesnelle, 2010 Ont. SCJ -- prior sexual history permitted
R. v. Gill, 2011 ONCJ 345 [2] - R. v. P.D.T., 2010 ABQB 37 -- right to public hearing violated under s. 11(d)
R. v. Charles Jean Picot, 2011 NBPC 4 -- application to amend info mid-trial granted
R. v. Michell, 2011 BCPC 347 -- an incarcerated victim applies to attend a trial -- application denied
R. v. Burtt, 2012 NBPC 6 -- application for video link permitted
Case
Citation
Result
Summary
R. v. Travis
2012 ABQB 629 (CanLII)denied
failed to call witnesses or request further disclosure
R. v. Aulakh
2012 BCCA 340 (CanLII)denied
allege defence failed on a number of points
R. v. G.M.
2012 NLCA 47 granted
defence failed to call evidence attacking credibility of crown witness
R. v. Downing
2012 ABQB 287 denied
R. v. Ross
2012 NSCA 56
granted
trial counsel did not call any evidence or cross-examine on sexual interference case where defence was an honest mistaken belief of age
R. v. O'Keefe (No. 2)
2012 NLCA 25 denied
claimed counsel failed to call witnesses, raise charter issues, make requested election
R. v. Fraser
2011 NSCA 70 granted
new trial ordered
R. v. Hobbs
2010 NSCA 53 denied
R. v. M.B.
2009 ONCA 524 granted
new trial ordered
R. v. T. P.
[2002] O.J. No. 2142 (Ont. C.A.), 2002 ONCA 49360
R. v. Gardiner
2010 NBCA 46 granted
counsel failed to apply Browne v Dunn rule in examination, so new trial ordered.
Case
Citation
Summary
R. v. Hope
2011 NLTD 143
sexual assault and sexual interference
R. v. Ramage
2010 ONCA 488 Impaired & Dangerous driving valid
John v. The Queen,
[1985] 2 S.C.R. 476
R. v. Davis,
[1999] 3 S.C.R. 759
R. v. Prince,
[1986] 2 S.C.R. 480
R. v. Pringle,
[1989] 1 S.C.R. 1645
R. v. Wigman,
[1987] 1 S.C.R. 246
R. v. Onyee, 1999 CanLII 14073 (MB C.A.) -- failure to consider timeline and misapprehension of evidence Identification
R. v. Burke, 1996 CanLII 229 (S.C.C.), [1996] 1 S.C.R. 474, 105 C.C.C. (3d) 205
R. v. Reitsma, 1998 CanLII 825 (S.C.C.), [1998] 1 S.C.R. 769, 125 C.C.C. (3d) 1, rev’g (1997) B.C.A.C. 303;
R. v. Keeper, (1993), 88 Man. R. (2d) 156.
