R. v. L.K., 2020 ONCA 262

JurisdictionOntario
JudgeDoherty, Watt and Hourigan JJ.A.
Citation2020 ONCA 262
Docket NumberC56622
CourtCourt of Appeal (Ontario)
Date23 April 2020
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8 practice notes
  • Court Of Appeal Summaries (April 20 ' 24, 2020)
    • Canada
    • Mondaq Canada
    • May 4, 2020
    ...W.M., 2020 ONCA 266 Keywords: Criminal Law, Sexual Assault, Bail, R. v. Manasseri, 2017 ONCA 226, R. v. St-Cloud, 2015 SCC 27 R. v. L.K., 2020 ONCA 262 Keywords: Criminal Law, Sexual Assault, Criminal Negligence, Obstructing Justice, R. v. Keinapple, [1975] 1 S.C.R. 729 R. v. T., 2020 ONCA ......
  • R. v. Barrett, 2022 ONCA 355
    • Canada
    • Court of Appeal (Ontario)
    • May 5, 2022
    ...on the evidence, even if they are not raised by the defence. A failure to object to a jury charge is not fatal to an appeal: R. v. L.K., 2020 ONCA 262, at para. [56]       As noted earlier, defence counsel requested that the trial judge instruct the jury on pro......
  • R. v. MCCAIG, 2022 SKQB 121
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • May 2, 2022
    ...Further, as recently articulated by the Ontario Court of Appeal in R v L.K., 2020 ONCA 262: [18]      The second part of the W.D. analysis provides that if the jury does not believe the accused’s testimony or other exculpatory evidence, but this evi......
  • R. v. Alas, 2021 ONCA 224
    • Canada
    • Court of Appeal (Ontario)
    • April 9, 2021
    ...on the evidence, even if they are not raised by the defence. A failure to object to a jury charge is not fatal to an appeal: R. v. L.K., 2020 ONCA 262, at para. 15. However, the position taken by counsel at trial will “assist an appellate court in determining whether the defence does proper......
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7 cases
  • R. v. Barrett,
    • Canada
    • Court of Appeal (Ontario)
    • May 5, 2022
    ...on the evidence, even if they are not raised by the defence. A failure to object to a jury charge is not fatal to an appeal: R. v. L.K., 2020 ONCA 262, at para. [56]       As noted earlier, defence counsel requested that the trial judge instruct the jury on pro......
  • R. v. MCCAIG,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • May 2, 2022
    ...Further, as recently articulated by the Ontario Court of Appeal in R v L.K., 2020 ONCA 262: [18]      The second part of the W.D. analysis provides that if the jury does not believe the accused’s testimony or other exculpatory evidence, but this evi......
  • R. v. Daou,
    • Canada
    • Court of Appeal (Ontario)
    • June 3, 2021
    ...to object, but such a failure is not determinative to the application of the proviso; it is simply one fact to consider: R. v. L.K., 2020 ONCA 262, at para. 15; R. v. Cook, 2020 ONCA 731, 153 O.R. (3d) 65, at paras. 68-71; and Borel, at para. [109]    The trial judge did not ......
  • R. v. Ho-On,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 10, 2023
    ...respect to exculpatory evidence: he or she can reject it, accept it, or be unsure whether the evidence is true or false: see R. v. L.K, 2020 ONCA 262, at paras.18-19. Either of the latter two options leads to a verdict of not guilty. Even if the exculpatory evidence is rejected, a finding o......
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1 firm's commentaries
  • Court Of Appeal Summaries (April 20 ' 24, 2020)
    • Canada
    • Mondaq Canada
    • May 4, 2020
    ...W.M., 2020 ONCA 266 Keywords: Criminal Law, Sexual Assault, Bail, R. v. Manasseri, 2017 ONCA 226, R. v. St-Cloud, 2015 SCC 27 R. v. L.K., 2020 ONCA 262 Keywords: Criminal Law, Sexual Assault, Criminal Negligence, Obstructing Justice, R. v. Keinapple, [1975] 1 S.C.R. 729 R. v. T., 2020 ONCA ......

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