Law360 Canada (April 13, 2023, 6:23 AM EDT) -- Appeal by Ross from his conviction for intimidation of a justice system participant, two counts of slashing that lawyer’s tires and those of the lawyer’s spouse. The accused argued his conviction was tainted by miscarriage of justice because his lawyer provided ineffective assistance and he further moved to adduce fresh evidence to substantiate his assertion of ineffective assistance of trial counsel. A nine-count information charged Ross with offences for fraudulent personation of MacGray, harassment of her, damage to her property, damage to Bailey’s property, intimidation of Bailey as a justice system participant, fraudulent personation of Garven, damage to his property, and intimidation of Garven as a justice system participant. Ross retained Kwan as counsel. The Crown provided a hard drive to Kwan said to contain “various files” and the tech reports on the electronic devices seized by the police from Ross’s home. The Crown announced a Notice of Intention to Call an Expert Witness — Constable Baird and his Curriculum Vitae. Baird introduced the electronic devices and the USB stick that contained the information downloaded from them. The Crown explained to the trial judge the contents of the USB stick constituted Baird’s report. At the end of the Crown’s case, Kwan brought a directed verdict motion in relation to all counts. The trial judge delivered an oral decision acquitting Ross on the counts charging him with damage to Garven’s property and intimidation of him as a justice system participant. The motion failed with respect to the remaining nine counts. Ross argued a miscarriage of justice occurred because of counsel’s incompetence or because the Crown failed to properly fulfill its disclosure obligations....