Angela Valencia

The defendant, M.C., was sentenced for sexual offences against an 11-year-old victim (TS), where he abused a position of trust.

The Crown sought a custodial sentence of 2 years less a day, while the defence sought a conditional sentence or 1 year.

Applying the principles from R. v. Friesen, which mandates increased sentences for child sexual offences and emphasizes denunciation and deterrence, the court rejected a conditional sentence.

M.C. was sentenced to 15 months incarceration, along with a 3-year probation order, DNA order, 10-year s. 161 order, 20-year SOIRA order, and a lifetime weapons prohibition.

The accused was charged with sexual assault, sexual interference, and sexual invitation against a 13-year-old complainant who was a friend of his daughter.

The Crown's case relied on the complainant's testimony, while the defence presented evidence from the accused, his family, and a neighbour to suggest he had no opportunity to commit the offences.

The court applied the W(D) framework, found the complainant entirely credible, and rejected the defence evidence as contrived and unreliable.

The court concluded the accused had the opportunity to commit the offences and found him guilty on all counts.

The plaintiffs, purchasers of pre-construction homes, sued the developer, its directors, its lender, and the subsequent purchaser of the development after their agreements of purchase and sale were terminated and their deposits retained.

Several groups of defendants brought motions to strike the statements of claim under Rule 21.01(1)(b) and Rule 25.11.

The court found the pleadings to be deficient, confusing, and lacking material facts.

Many claims, including conspiracy, interference with economic relations, and inducing breach of contract, were struck with leave to amend.

Claims for unjust enrichment and claims against the individual directors of the subsequent purchaser were struck without leave to amend.

Claims against the former directors of the developer under the Assignments and Preferences Act and for oppression were allowed to proceed.