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In R. v. MacIsaac, the trial judge convicted the defendant of aggravated assault after he collided with the complainant during the course of a recreational hockey game.  The trial judge determined the collision was a blindside hit, largely based on her view of how the play would have logically developed.  This week, the Ontario Court of Appeal threw out the conviction and ordered a new trial, finding that she engaged in impermissible speculation not grounded in the evidence.  Frank and Andrew argued the case at the Court of Appeal and their factum can be read here.  Sean Fine discusses the case in the Globe and Mail.

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