R. v. MacKinnon,

JurisdictionOntario
JudgeMacPherson,Paciocco,Thorburn
Docket NumberC67958
CourtCourt of Appeal (Ontario)
Date22 November 2022
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2 practice notes
  • Rizzuto v. Hamilton Wentworth Catholic District School Board,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 31 d5 Março d5 2023
    ...cross-examination, cannot be observed by the trier of fact, and did not testify under oath when giving the statement: R. v. MacKinnon, 2022 ONCA 811, para 30, citing R. v. Bradshaw, 2017 SCC 35, [2017] 1 SCR 865 para. 20. It is even more difficult when the person who gave the statement is n......
  • R v Desjarlais,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • 29 d5 Setembro d5 2023
    ...under the spontaneous utterance exception, such as gross intoxication or exceptionally difficult viewing conditions: see R v MacKinnon, 2022 ONCA 811 at paras 44-47, leave to appeal to SCC refused, 40581 (June 22, 2023). However, those factors inform my determination of the probative value ......
2 cases
  • Rizzuto v. Hamilton Wentworth Catholic District School Board,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 31 d5 Março d5 2023
    ...cross-examination, cannot be observed by the trier of fact, and did not testify under oath when giving the statement: R. v. MacKinnon, 2022 ONCA 811, para 30, citing R. v. Bradshaw, 2017 SCC 35, [2017] 1 SCR 865 para. 20. It is even more difficult when the person who gave the statement is n......
  • R v Desjarlais,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • 29 d5 Setembro d5 2023
    ...under the spontaneous utterance exception, such as gross intoxication or exceptionally difficult viewing conditions: see R v MacKinnon, 2022 ONCA 811 at paras 44-47, leave to appeal to SCC refused, 40581 (June 22, 2023). However, those factors inform my determination of the probative value ......

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