Andrew Guaglio

Cristian Figueroa, convicted of first-degree murder, applied under section 745.6 of the Criminal Code for a reduction in his parole ineligibility period (a "faint hope" application).

The court, acting as a screening judge, assessed whether the application had a "reasonable prospect of succeeding" before a jury, considering the nature of the offence, the applicant's character, and his conduct while serving his sentence.

Despite the horrific nature of the crime and the applicant's continued denial of full responsibility, his significant rehabilitative efforts, positive institutional conduct, and relatively low risk of reoffending led the court to conclude that a jury could reasonably grant clemency.

The application to empanel a jury was granted.

The appellant was convicted of defrauding a business partner and sentenced to 18 months incarceration and restitution.

He appealed his conviction, arguing a s. 11(b) Charter violation (right to be tried within a reasonable time) and an error in the R. v. W.(D.) analysis.

He also sought leave to appeal his sentence.

The Court of Appeal found a s. 11(b) violation, concluding that the trial judge incorrectly applied the presumptive ceiling for delay.

The court dismissed the Crown's request to impose a remedy other than a stay of proceedings, reaffirming that a stay is the appropriate and only available remedy for a s. 11(b) breach.

The conviction for fraud was stayed.

The appellant's other grounds of appeal, including the W.(D.) analysis and the sentence appeal, were dismissed.

The Crown applied for an order to retain seized material for an additional year in a complex criminal investigation involving Fortress Real Capital Inc. and related entities.

The investigation, initiated in 2018, concerned allegations of investor fraud through misrepresentation of property values and investment eligibility.

The court granted the application, finding the investigation to be complex due to the large volume of electronic and hard copy material, the need for professional assistance (computer experts, accountants), and significant delays caused by extensive solicitor-client privilege claims over seized documents.

The court emphasized that while asserting privilege is legitimate, it contributed to the complexity and delay, justifying further detention of the material until June 22, 2021.

An appeal of a stay of proceedings granted under s. 11(b) of the Canadian Charter of Rights and Freedoms in a workplace fatality case.

The respondents were charged with offences under the Occupational Health and Safety Act following the death of a worker at a gold mine.

The trial was scheduled to begin approximately three months beyond the 18-month presumptive ceiling established in R. v. Jordan.

The application judge stayed the charges, finding the Crown had failed to develop and follow a concrete plan to minimize delay in this particularly complex case.

The Court of Appeal allowed the appeal, finding the application judge had misinterpreted the particularly complex case exception by using the presumptive ceiling as a benchmark for assessing the Crown's conduct, rather than assessing whether the Crown reasonably attempted to minimize delay occasioned by the case's complexity.

This is a youth criminal justice matter involving a defence application regarding the proper procedure for using materials obtained from a parallel civil proceeding.

The defence sought a ruling that counsel was properly in possession of materials the complainant produced in civil litigation and that the section 278 Criminal Code regime did not apply.

The Crown objected to cross-examination questions based on medical records obtained through civil discovery.

The Superior Court had previously found a breach of the deemed undertaking rule when civil counsel provided the materials to defence counsel without prior judicial oversight.

The trial judge determined that the Supreme Court decision in R. v. Shearing applied, permitting the defence to proceed with cross-examination on documents already in its possession, subject to admissibility considerations.