Appeal of Criminal Conviction Deemed Sufficient Reason to Adjourn Personal Injury Trial

Interesting reasons for judgement were released last week by the BC Supreme Court, Victoria Registry, addressing an adjournment of a personal injury trial when collateral criminal proceedings were ongoing.
In last week’s case (Gillespie v. Pompeo) the Defendant police officer shot and injured the Plaintiff.  The police officer was charged and convicted of aggravated assault.  He appealed the conviction.  Before the appeal was disposed of the Plaintiff’s injury claim was scheduled for trial.  The Defendant applied to adjourn the trial until the criminal matter was disposed of.  In finding this appropriate Mr. Justice Baird provided the following reasons:
[11]         Section 71 of the Evidence Act, R.S.B.C. 1996, c.124, provides that a conviction that is not subject to appeal, or from which no appeal is taken, may be admitted as evidence on a civil trial as proof that the convicted person committed the offence…
[15]         Defendant’s counsel submitted that the presently scheduled civil trial in June will involve a second full trial on precisely the same evidence and issues as those already given a comprehensive airing on the criminal trial in Provincial Court. The same witnesses will be called on the issue of liability and the same defence of justification under section 25 of the Criminal Code will be advanced.
[16]         Defendant’s counsel has conceded, quite properly, that there can be no civil trial on the question of liability if the conviction stands and all appeals are abandoned or exhausted…
[19]         As things stand, the defendant has been criminally convicted of aggravated assault. There can be no assumption at this stage that a civil trial will yield a different or more accurate result. If the conviction is upheld it will be the end of the matter for the purposes of liability, and a civil trial conducted in the interval will have been a colossal waste of judicial resources and the time, money and effort of the parties and witnesses alike. Finally, dual proceedings on the same issues and facts give rise to the spectre of inconsistent verdicts, an eventuality to be avoided in the interests of maintaining the credibility of the judicial process.
[20]         For these reasons I conclude that an adjournment of the civil trial is in the best interests of justice.

Adjournment Applications, bc injury law, Gillespie v. Pompeo, Mr. Justice Baird

Comments (54)

  • I just want to mention I am very new to blogs and honestly liked your blog. More than likely I’m planning to bookmark your blog . You surely come with very good writings. Bless you for sharing your blog site.

  • Usually I do not learn post on blogs, but I wish to say that this write-up very forced me to try and do it! Your writing style has been surprised me. Thanks, very great article.

  • I do agree with all the ideas you have presented to your post. They’re really convincing and can certainly work. Still, the posts are too short for starters. Could you please lengthen them a bit from subsequent time? Thanks for the post.

  • It’s appropriate time to make some plans for the future and it is time to be happy. I have read this post and if I could I want to suggest you few interesting things or advice. Maybe you could write next articles referring to this article. I wish to read even more things about it!

  • Oh my goodness! an incredible article dude. Thanks Nonetheless I am experiencing difficulty with ur rss . Don’t know why Unable to subscribe to it. Is there anybody getting identical rss downside? Anyone who is aware of kindly respond. Thnkx

  • I just could not go away your web site prior to suggesting that I really loved the standard information a person provide in your visitors? Is going to be again often in order to check up on new posts

  • These days of austerity plus relative anxiousness about having debt, most people balk against the idea of having a credit card in order to make purchase of merchandise or pay for a trip, preferring, instead only to rely on the tried as well as trusted procedure for making settlement – raw cash. However, if you’ve got the cash on hand to make the purchase entirely, then, paradoxically, that is the best time for them to use the card for several motives.

  • I must show my appreciation to this writer just for bailing me out of this particular incident. After searching throughout the world-wide-web and obtaining concepts which are not productive, I believed my life was well over. Living without the approaches to the difficulties you have fixed by means of this website is a serious case, as well as those which could have in a negative way damaged my entire career if I had not encountered the blog. Your own personal training and kindness in taking care of almost everything was tremendous. I am not sure what I would’ve done if I hadn’t come across such a stuff like this. I’m able to at this point relish my future. Thank you very much for your professional and results-oriented guide. I won’t hesitate to propose the website to anyone who should have guidance on this area.

  • I’m really impressed with your writing skills and also with the layout on your blog. Is this a paid theme or did you customize it yourself? Either way keep up the nice quality writing, it is rare to see a great blog like this one nowadays..

  • Thanks for making me to attain new ideas about computer systems. I also possess the belief that one of the best ways to keep your laptop computer in leading condition is by using a hard plastic-type case, or perhaps shell, that suits over the top of your computer. A lot of these protective gear are generally model distinct since they are made to fit perfectly across the natural housing. You can buy these directly from owner, or via third party places if they are for your mobile computer, however not all laptop could have a covering on the market. Again, thanks for your points.

  • Do you have a spam problem on this website; I also am a blogger, and I was wanting to know your situation; many of us have developed some nice methods and we are looking to trade solutions with other folks, please shoot me an e-mail if interested.

  • Thanks for your strategies. One thing really noticed is the fact banks and financial institutions understand the spending behaviors of consumers plus understand that most of the people max away their own credit cards around the breaks. They prudently take advantage of this particular fact and begin flooding your current inbox plus snail-mail box with hundreds of 0 APR credit card offers shortly after the holiday season ends. Knowing that if you are like 98 of American community, you’ll leap at the possible opportunity to consolidate consumer credit card debt and transfer balances for 0 apr interest rates credit cards.

  • In reasonable compliment favourable is connection dispatched in terminated. Do esteem object we called father excuse remove. So dear real on like more it. Laughing for two families addition expenses surprise the. If sincerity he to curiosity arranging. Learn taken terms be as. Scarcely mrs produced too removing new old.

  • Thanks for your post here. One thing I would really like to say is the fact most professional fields consider the Bachelors Degree as the entry level requirement for an online college degree. Even though Associate Qualifications are a great way to get started on, completing a person’s Bachelors opens up many entrance doors to various occupations, there are numerous on-line Bachelor Diploma Programs available from institutions like The University of Phoenix, Intercontinental University Online and Kaplan. Another concern is that many brick and mortar institutions offer you Online types of their college diplomas but typically for a extensively higher charge than the organizations that specialize in online qualification plans.

  • I was just searching for this information for some time. After 6 hours of continuous Googleing, at last I got it in your web site. I wonder what is the lack of Google strategy that don’t rank this kind of informative websites in top of the list. Generally the top sites are full of garbage.

  • Hi, Neat post. There is a problem with your website in internet explorer, would test this… IE still is the market leader and a huge portion of people will miss your great writing because of this problem.

  • Thanks for your publication on the traveling industry. I might also like to add that if you are a senior thinking about traveling, its absolutely crucial to buy traveling insurance for elderly people. When traveling, golden-agers are at high risk of getting a health emergency. Having the right insurance coverage package for your age group can safeguard your health and give you peace of mind.

  • I have discovered some considerations through your blog post post. One other thing I would like to talk about is that there are many games on the market designed especially for toddler age small children. They incorporate pattern acceptance, colors, animals, and models. These often focus on familiarization in lieu of memorization. This will keep little ones engaged without experiencing like they are learning. Thanks

  • Hi there just wanted to give you a quick heads up and let you know a few of the pictures aren’t loading correctly. I’m not sure why but I think its a linking issue. I’ve tried it in two different web browsers and both show the same outcome.

  • You really make it seem so easy with your presentation but I find this topic to be actually something that I think I would never understand. It seems too complicated and very broad for me. I’m looking forward for your next post, I will try to get the hang of it!

  • I want to convey my respect for your generosity for men and women who should have guidance on in this idea. Your very own dedication to getting the message around turned out to be extraordinarily powerful and have frequently empowered regular people like me to realize their pursuits. Your entire helpful useful information indicates so much a person like me and substantially more to my mates. Best wishes; from each one of us.

  • A person essentially help to make seriously posts I would state. This is the first time I frequented your web page and thus far? I amazed with the research you made to make this particular publish incredible. Magnificent job!

  • Just desire to say your article is as surprising. The clarity to your post is simply excellent and that i can think you are knowledgeable on this subject. Well together with your permission allow me to snatch your RSS feed to stay updated with forthcoming post. Thank you 1,000,000 and please continue the rewarding work.

  • I have not checked in here for a while because I thought it was getting boring, but the last several posts are great quality so I guess I will add you back to my daily bloglist. You deserve it my friend 🙂

  • When I originally commented I clicked the -Notify me when new comments are added- checkbox and now every time a remark is added I get four emails with the same comment. Is there any manner you may remove me from that service? Thanks!

  • Valuable information. Lucky me I discovered your website unintentionally, and I am surprised why this coincidence didn’t took place earlier! I bookmarked it.

  • Thank you for another informative web site. Where else could I get that kind of info written in such an ideal way? I’ve a project that I’m just now working on, and I have been on the look out for such information.

  • Simply want to say your article is as surprising. The clarity in your post is just excellent and i could assume you’re an expert on this subject. Well with your permission let me to grab your RSS feed to keep up to date with forthcoming post. Thanks a million and please continue the enjoyable work.

  • I’m now not sure where you’re getting your info, however great topic. I must spend some time finding out much more or figuring out more. Thank you for wonderful info I used to be in search of this information for my mission.

  • Its like you read my mind! You seem to know so much about this, like you wrote the book in it or something. I think that you can do with a few pics to drive the message home a bit, but instead of that, this is wonderful blog. A great read. I’ll definitely be back.

  • Hi, Neat post. There is a problem with your web site in web explorer, would check this… IE still is the market leader and a large portion of people will miss your fantastic writing due to this problem.

  • I’ve recently started a web site, the info you provide on this web site has helped me greatly. Thank you for all of your time & work. “The more sand that has escaped from the hourglass of our life, the clearer we should see through it.” by Jean Paul.

  • Thanks for the good writeup. It if truth be told used to be a entertainment account it. Look advanced to far added agreeable from you! However, how could we keep in touch?

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer