Leendertse v. Ontario

canada, canadian, case law, court opinion, canlii, onca, 2026onca629, 2026 onca 629 (canlii), 2026, onca, 629, (canlii), coa-22-cv-0477, 2026, procedure, appeal, civil trial management, whether grounds for a new trial were established, appeal from dismissal of negligence and charter damages action, mistrial motion denied and not appealed, fresh evidence admitted on consent considered on appeal, no substantial wrong or miscarriage of justice found, appeal dismissed, procedure, judicial bias, ex parte appearance, whether an ex parte meeting created a reasonable apprehension of bias, respondent’s counsel appeared without anyone representing the appellant, case management to advise trial would not proceed that day, record did not support claim submissions were made to change adjournment, grounds of appeal denied, appeal dismissed, procedure, adjournment, trial fairness, whether proceeding while counsel was ill rendered the trial unfair, appellant’s counsel represented she was ready to proceed, trial judge exercised discretion after prior adjournments, no fresh evidence legal work during the week was deficient, mistrial denial not appealed, trial fairness ground rejected, appeal dismissed, rights and freedoms, detention, police investigation, whether the appellant was detained when told he could be arrested for leaving, restrictive demand or direction arguably requiring compliance, highway traffic act, s. 200 referenced, detention issue not resolved as not argued fully, determination declined as outcome unaffected, appeal dismissed, rights and freedoms, charter damages, just and appropriate remedy, whether charter damages should be awarded on this record, vancouver (city) v. ward and henry v. british columbia (attorney general) applied, no evidence of loss requiring compensation, no basis for vindication or deterrence given factual findings, court of justice act, s. 134(6) noted, charter damages refused, appeal dismissed