R. v. J.M. (Superior Court of Justice, Summary Convictions Appeal Court, Brampton): The appellant appeals against convictions for assault (x2), assault with a weapon, uttering death threats (x2), and breach of recognizance. At trial, three witnesses were called by the prosecution (the complainant and two investigating officers) and three witnesses by the defence including the appellant. The transcript of the testimony at trial comprises 214 pages and would, on straight or uninterrupted scheduling, have taken at most two (2) days of court time. In this case, where essential credibility findings were to be made by the trier of fact, the evidence was heard on three days over a five-month period (June 17, July 12 and November 12, 2004). The trial court’s reasons for judgment, reporting credibility findings based in part on courtroom demeanour, were released on May 16, 2005, a half a year after the last witness testified. The trial, of eleven months’ duration, was unsatisfactory on a number of bases.
Conclusion: The appeal is allowed and a new trial is ordered on all counts before a differently constituted summary conviction trial court
R. v. A. J. (Ontario Court of Justice, Toronto – Scarborough Court) Ms. A.J. was charged with Aggravated Assault causing bodily harm. All Charges were withdrawn after her entering into a 12 month peace bond.
