trial judge

R v Metzger : The Supreme Court overrules the Trial Judge on Findings of Fact

In R v Metzger, 2023 SCC 5 [Metzger], the Supreme Court of Canada (“SCC”) upheld the acquittal of Shawn Metzger, who had been convicted of a number of offences arising from a home invasion robbery, on the grounds that the evidence in the case was circumstantial (Metzger, para 1). In the process, the SCC overruled […]

Nelson (City) v Mowatt : Don’t Apply the Inconsistent Use Doctrine in BC (and Don’t Meddle with the Trial Judge)

In Nelson (City) v Mowatt, 2017 SCC 8 [Mowatt], the Supreme Court of Canada (“SCC”) recently found that the British Columbia Court of Appeal (“BCCA”) erred when it interfered with the finding of fact related to adverse possession in 2016 BCCA 113, setting aside two decisions of Kelleher J., 2014 BCSC 988 and 2014 BCSC 2219. The SCC […]