February 18th, 2016

R. v. J.B. 2016 Fort McMurray Provincial Court

Firm Cases Tags: , ,

Application for a mistrial in a sexual assault case in which it was alleged incompetence of the original defence counsel at trial in failing to give notice or call an alibi witness resulted in prejudice to client and an unfair trial. Written materials filed on application.  Held: Crown ultimately consenting to the mistrial application and new … Read More.

August 18th, 2017

R v Blanchard, 2017 Edmonton Court Of Queen’s Bench per Macklin, J:

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Accused convicted of offences including aggravated sexual assault. Post-conviction application for a mistrial. Defence had discovered a witness, who if capable of belief, might of cast doubt on the complainant’s version of events. Held: Application dismissed. Test regarding the mistrial application informed by the general rules followed on an application to adduce fresh evidence on … Read More.

August 4th, 2017

R v Littlejohn, 2017 Calgary Provincial Court 163 per Shriar, PCJ:

Law Updates Tags: ,

Accused charged with offences including arson and assault. Following the close of the Crown’s case, defence counsel was suspended by the Law Society. New counsel was retained and brought a mistrial application on grounds which included previous counsel having fallen asleep at one point in the trial, a failure to communicate with the accused, and … Read More.