R. v. Muddei,

JurisdictionOntario
JudgeDoherty, Zarnett and Coroza JJ.A.
Neutral Citation2021 ONCA 200
Citation2021 ONCA 200
Docket NumberC67481, C67486, C67512 & C67848
Date01 April 2021
CourtCourt of Appeal (Ontario)
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4 practice notes
  • R. v. Downes,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 27, 2022
    ...grounds must be assessed based on the totality of the circumstances, including the nature of the police investigation: R. v. Bashir, 2021 ONCA 200, 155 O.R. (3d) 1, at para. [137]       Turning to the analysis, a significant piece of context for the ITO is the ......
  • R. v. Treloar,
    • Canada
    • Ontario Court of Justice General Division (Canada)
    • March 21, 2022
    ...warrant begins from a presumption that the warrant is valid: R. v. Pires; R. v. Lising, [2005] 3 SCR 343, at paragraph 30; R. v. Muddei, 2021 ONCA 200, at paragraph 37.  The onus is on the party challenging the validity of a warrant to demonstrate that it was not validly issued: R. v. ......
  • R. v. Patel,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 15, 2021
    ...be read as a whole and an issuing judge may draw common sense inferences from the information provided":  R v. Muddei, 2021 ONCA 200 at para.37-38 [citations omitted].  f the inferences of criminal conduct and the recovery of evidence are reasonable in all the circumstances s......
  • R. v. Wise,
    • Canada
    • Court of Appeal (Ontario)
    • August 15, 2022
    ...of evidence, a failure to consider a relevant factor, or an unreasonable finding, this court should not interfere: R. v. Muddei, 2021 ONCA 200, 155 O.R. (3d) 271, at para. 74. In this case, the application judge noted that the breach was rooted in the insufficiency of the ITO; cited this co......
4 cases
  • R. v. Downes,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 27, 2022
    ...grounds must be assessed based on the totality of the circumstances, including the nature of the police investigation: R. v. Bashir, 2021 ONCA 200, 155 O.R. (3d) 1, at para. [137]       Turning to the analysis, a significant piece of context for the ITO is the ......
  • R. v. Treloar,
    • Canada
    • Ontario Court of Justice General Division (Canada)
    • March 21, 2022
    ...warrant begins from a presumption that the warrant is valid: R. v. Pires; R. v. Lising, [2005] 3 SCR 343, at paragraph 30; R. v. Muddei, 2021 ONCA 200, at paragraph 37.  The onus is on the party challenging the validity of a warrant to demonstrate that it was not validly issued: R. v. ......
  • R. v. Patel,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 15, 2021
    ...be read as a whole and an issuing judge may draw common sense inferences from the information provided":  R v. Muddei, 2021 ONCA 200 at para.37-38 [citations omitted].  f the inferences of criminal conduct and the recovery of evidence are reasonable in all the circumstances s......
  • R. v. Wise,
    • Canada
    • Court of Appeal (Ontario)
    • August 15, 2022
    ...of evidence, a failure to consider a relevant factor, or an unreasonable finding, this court should not interfere: R. v. Muddei, 2021 ONCA 200, 155 O.R. (3d) 271, at para. 74. In this case, the application judge noted that the breach was rooted in the insufficiency of the ITO; cited this co......

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