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Appeals Archives


In a bold move, Justice Moldaver, writing for the majority of the Supreme Court, has radically altered the analysis for trial courts deciding whether delays in completing trials are unreasonable. In a rare move, the Court departed from precedent. Justice Moldaver wrote that the traditional framework developed in the 25 years since Askov, [1990] 2 S.C.R. 1199, "has given rise to both doctorial and practical problems, contributing to a culture of delay and complacency towards it".

Launching a Criminal Appeal: What you Need to Know

Losing a case is a tough pill to swallow.  The initial reaction of most people is to want to appeal the decision right away.  Before heading down that path, however, it is important to know what you are getting into.  Here is an overview of the most important issues that you need to be aware of.

Defence of Accident caused by Intoxication is allowed as Defence to Arson by ONCA

In R v Tattoon, 2014 ONCA 273, a judgment released by the Ontario Court of Appeal this week, the Court allowed the defence of accident caused by intoxication for a charge of arson. Mr. Tattoon, while intoxicated, set out to cook bacon on the stove. He poured oil into a pan and accidentally turned the stove element to a high setting, as opposed to the low setting as he had intended. While the pan heated up, he made a quick trip to Tim Hortons to get a coffee, presumably to sober himself up. Upon returning home, he found the house on fire. As a result of his drunken desire for bacon and coffee, the house accidentally burnt down. The issue that faced the trial judge and the Court of Appeal is whether his drunkenness while doing a dangerous act like using a stove could be a defence.

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