R v Fedyck, 2018 MBCA 74

JurisdictionManitoba
JudgeMr. Justice Michel A. Monnin,Madam Justice Holly C. Beard,Madam Justice Jennifer A. Pfuetzner
Date26 July 2018
CourtCourt of Appeal (Manitoba)
Docket NumberAR17-30-08930
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16 practice notes
  • R v Osman,
    • Canada
    • Court of Appeal (Alberta)
    • March 24, 2021
    ...(3d) 357. [28] It is not for an appellate court to substitute other reasonable inferences for those found by the trial judge: R v Fedyck, 2018 MBCA 74, paras 21-33, 365 CCC (3d) 20, aff’d 2019 SCC 3, [2019] 1 SCR 97; R v Hall, 2018 MBCA 122, para 166, [2019] 1 WWR 612; Cabrera, paras 166-16......
  • R v Perswain,
    • Canada
    • Court of Appeal (Manitoba)
    • March 22, 2023
    ...v McIvor, 2021 MBCA 55 at paras 33-37; R v Anderson, 2020 ONCA 780 at paras 24-31; R v Ponace, 2019 MBCA 99 at paras 17-19; and R v Fedyk, 2018 MBCA 74 at para 25, aff’d 2019 SCC [10] The accused argues that the unreasonable verdict is the result of erroneous factual findings and/or factual......
  • R v Sutherland,
    • Canada
    • Court of Appeal (Manitoba)
    • February 24, 2022
    ...With respect to the second ground of appeal, this Court, in R v Fedyck, 2018 MBCA 74, aff’d 2019 SCC 3, when addressing the admissibility of lay opinion evidence, stated that, “[a]s a question of law, a decision on the admission of evidence is reviewed on the standar......
  • R v TS,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 16, 2023
    ...own list of reasonable inferences and substitute them for the reasonable inferences implicitly found by the trier of fact: see R v Fedyck, 2018 MBCA 74. And for good reason. To allow such substitution would be, in effect, to allow an appellate court to re-try the case, something this Court ......
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15 cases
  • R v Osman,
    • Canada
    • Court of Appeal (Alberta)
    • March 24, 2021
    ...(3d) 357. [28] It is not for an appellate court to substitute other reasonable inferences for those found by the trial judge: R v Fedyck, 2018 MBCA 74, paras 21-33, 365 CCC (3d) 20, aff’d 2019 SCC 3, [2019] 1 SCR 97; R v Hall, 2018 MBCA 122, para 166, [2019] 1 WWR 612; Cabrera, paras 166-16......
  • R v Perswain,
    • Canada
    • Court of Appeal (Manitoba)
    • March 22, 2023
    ...v McIvor, 2021 MBCA 55 at paras 33-37; R v Anderson, 2020 ONCA 780 at paras 24-31; R v Ponace, 2019 MBCA 99 at paras 17-19; and R v Fedyk, 2018 MBCA 74 at para 25, aff’d 2019 SCC [10] The accused argues that the unreasonable verdict is the result of erroneous factual findings and/or factual......
  • R v Sutherland,
    • Canada
    • Court of Appeal (Manitoba)
    • February 24, 2022
    ...With respect to the second ground of appeal, this Court, in R v Fedyck, 2018 MBCA 74, aff’d 2019 SCC 3, when addressing the admissibility of lay opinion evidence, stated that, “[a]s a question of law, a decision on the admission of evidence is reviewed on the standar......
  • R v TS,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 16, 2023
    ...own list of reasonable inferences and substitute them for the reasonable inferences implicitly found by the trier of fact: see R v Fedyck, 2018 MBCA 74. And for good reason. To allow such substitution would be, in effect, to allow an appellate court to re-try the case, something this Court ......
  • Request a trial to view additional results

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