Adetayo Gboyega Akinyemi

The decision concerns the bail application of Matias Domingo Sanchez Nanuclef, who faces extradition to the United States for his alleged involvement in a $15 million jewellery store burglary in San Diego.

The court reviews the factual background, the legal onus for bail in extradition cases, and the proposed plan of release.

The application is denied on the primary, secondary, and tertiary grounds, with the court finding that the applicant is not ordinarily resident in Canada, poses a flight risk, and that detention is necessary to maintain confidence in the administration of justice.

This sentencing decision addresses possession of fentanyl and methamphetamine for the purpose of trafficking, involving significant quantities of highly dangerous drugs.

The offender, Abdalaazim Malik Harun, pleaded guilty after trial commenced.

The Court emphasized denunciation and deterrence given the societal harms of fentanyl and methamphetamine trafficking, while also considering the offender’s stable family support and lack of addiction.

The sentence imposed was 6.5 years on the fentanyl count and 5 years concurrent on the methamphetamine count, with enhanced credit for pre-sentence custody.

The Court declined to grant additional Duncan credit for harsh pre-sentence conditions absent evidence but allowed some mitigation for strict bail conditions (Downes credit).

Ancillary orders included DNA sampling and weapons prohibitions.

This decision concerns the sentencing of Solomon Nnadede, who was found guilty of sexual assault contrary to s. 271 of the Criminal Code.

The assaults occurred three times over nine months against a vulnerable 21-year-old homeless refugee claimant who was financially and spiritually dependent on the offender, a church pastor.

The court considered aggravating factors such as the victim's vulnerability, the breach of trust, the manipulative context, and the substantial impact on the victim.

Mitigating factors included the offender's lack of criminal record, pro-social life, and efforts to support his family.

The court also addressed collateral immigration consequences, noting they cannot lead to a disproportionate sentence.

The Crown sought 8-9 years, while the defence sought a conditional sentence.

The court sentenced the offender to 5 years in the penitentiary, along with ancillary orders including a weapons prohibition, DNA sample, Sex Offender Registry registration, and a no-contact order.

The accused, Solomon Nnadede, was charged with sexually assaulting the complainant, MD, over a nine-month period.

The case turned on credibility and consent.

The complainant testified to three instances of forced vaginal penetration and other non-consensual sexual touching, asserting she eventually "gave up" fighting.

The accused denied the allegations, claiming all sexual activity was consensual based on an "understanding" where he provided financial support in exchange for sex.

The court rejected the accused's "understanding" as a valid defence for consent and found the complainant's testimony credible and reliable despite minor inconsistencies.

The court found the Crown proved beyond a reasonable doubt that the complainant did not consent to the sexual activity.

The accused was charged with assaulting his ex-wife and threatening to kill her sister.

The Crown alleged the accused punched the complainant during a dispute over taking their youngest child out, and made graphic threats to kill the complainant's family.

The accused testified he intervened to protect the child from the complainant's physical discipline and denied both the assault and threats.

The court found reasonable doubt on both counts based on inconsistencies in the complainant's account to police, concerns regarding the timing and appearance of photographic evidence of alleged bruising, and corroborating evidence from a mutual friend regarding the complainant's motive for calling police.

The accused was acquitted on both counts.

The applicant, Mr. Adeniji, sought to set aside or vary a consent order requiring him to pay $20,000 in security for costs, alleging fraud by the respondent, Ms. Segbaya, and a change in circumstances (impecuniosity) caused by her actions.

Ms. Segbaya moved to dismiss Mr. Adeniji's application for his failure to pay the security for costs.

The court found that Mr. Adeniji failed to prove his impecuniosity or that Ms. Segbaya caused it, citing inconsistencies and lack of evidence.

Consequently, Mr. Adeniji's motion to set aside/vary was dismissed, and Ms. Segbaya's motion to dismiss Mr. Adeniji's application for non-compliance with the security for costs order was granted.

The court also ordered the release of funds Ms. Segbaya had paid into court and awarded costs to Ms. Segbaya.

The accused pleaded guilty to attempted theft while armed with bear spray and wearing a mask with intent to commit an indictable offence.

The offences arose from a planned armed robbery attempt on Garda Security guards making a cash delivery of approximately $200,000 to a TD Bank.

The Crown sought a penitentiary sentence of four to five years, while the defence sought a reformatory sentence of 18 months to two years less one day.

The court imposed a sentence of four years less pre-trial custody, with enhanced credit for 11 months of pre-trial custody at a rate of 1.5 months per month, resulting in a net sentence of 31.5 months.

The court also imposed a lifetime weapons prohibition, forfeiture order, no-contact order with victims, and DNA order.