R. v. Patrick Fox; Court of Appeal Nos. CA46979, CA48145 [Patrick Fox; David Layton (BCPS)]

Dear Mr. Layton:

In my factum for CA46979 I mentioned that the current website was put online in 2018 by an associate of mine without my knowledge or involvement (para 4). In your factum you point out that information is not in the record and I've not sought to adduce it as fresh evidence and, it is therefore inadmissible. I agree, based on those reasons, it is inadmissible in CA46979.

I do not intend to seek to adduce that information as fresh evidence because the information and the evidence supporting it was known to me and in my possession at the time of the trial, so I have no legitimate legal basis to adduce it on appeal.

I should point out, however, that that information and evidence was presented in the trial in 244069-8-B (which is on appeal as CA48145). And so, that information and evidence IS going to be before the Court of Appeal in CA48145, even though it isn't in CA46979. These were not oversights on my part, this has all been done very deliberately.