R. v. Brown, 2020 ONCA 462

JurisdictionOntario
JudgeDoherty, MacPherson and Benotto JJ.A.
Citation2020 ONCA 462
Date16 July 2020
CourtCourt of Appeal (Ontario)
Docket NumberC64901
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4 practice notes
  • R. v. Harris,
    • Canada
    • Ontario Court of Justice General Division (Canada)
    • 18 Mayo 2022
    ...of the Criminal Code must be interpreted by the Supreme Court’s analysis of the issue in R. v. Khill, supra. In R. v. Brown, 2020 ONCA 462, the Court of Appeal confirmed that the third step of W(D) still applies even if the unaccepted evidence of the accused does not raise a reasonab......
  • R. v. L.R.B.,
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • 18 Septiembre 2020
    ...SCC 30, [2008] 2 SCR 152). Moreover, the formula does not fit well where there is a reasonableness component to the defence (R. v. Brown, 2020 ONCA 462 (CanLII), at para. 47). In a case like the present, using W.(D.) to assess the evidence runs the risk of applying the burden of proof to it......
  • R. v. Martin, 2020 ONSC 4779
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 27 Julio 2020
    ...of the evidence. [9]           These principles were recently affirmed in R. v. Brown, 2020 ONCA 462. ANALYSIS [10]        Without dispute, the credibility/reliability of Mr. Velez and Ms. Martin are centra......
  • R. v. Safronii,
    • Canada
    • Court of Appeal (Ontario)
    • 20 Abril 2022
    ...to apply the law to the facts, including whether they stressed to the jury that the burden of proof remained on the Crown: R. v. Brown, 2020 ONCA 462, at paras. 48-49. The instructions must also be considered in the context of the case to determine whether there was a reasonable likelihood ......
4 cases
  • R. v. Harris,
    • Canada
    • Ontario Court of Justice General Division (Canada)
    • 18 Mayo 2022
    ...of the Criminal Code must be interpreted by the Supreme Court’s analysis of the issue in R. v. Khill, supra. In R. v. Brown, 2020 ONCA 462, the Court of Appeal confirmed that the third step of W(D) still applies even if the unaccepted evidence of the accused does not raise a reasonab......
  • R. v. L.R.B.,
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • 18 Septiembre 2020
    ...SCC 30, [2008] 2 SCR 152). Moreover, the formula does not fit well where there is a reasonableness component to the defence (R. v. Brown, 2020 ONCA 462 (CanLII), at para. 47). In a case like the present, using W.(D.) to assess the evidence runs the risk of applying the burden of proof to it......
  • R. v. Martin, 2020 ONSC 4779
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 27 Julio 2020
    ...of the evidence. [9]           These principles were recently affirmed in R. v. Brown, 2020 ONCA 462. ANALYSIS [10]        Without dispute, the credibility/reliability of Mr. Velez and Ms. Martin are centra......
  • R. v. Safronii,
    • Canada
    • Court of Appeal (Ontario)
    • 20 Abril 2022
    ...to apply the law to the facts, including whether they stressed to the jury that the burden of proof remained on the Crown: R. v. Brown, 2020 ONCA 462, at paras. 48-49. The instructions must also be considered in the context of the case to determine whether there was a reasonable likelihood ......

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