Anya Shahabi

The accused was tried without a jury on one count of sexual assault contrary to section 271 of the Criminal Code and one count of sexual interference contrary to section 151 of the Criminal Code.

The allegations involved multiple incidents of sexual assault occurring between January 1, 2016 and January 9, 2024, perpetrated by the accused against his daughter while she was sleeping.

The complainant testified that the accused would enter her bedroom while intoxicated and touch her breasts, buttocks, and vagina.

The accused denied all allegations.

The court found the complainant to be a credible and reliable witness and rejected the accused's evidence as not credible due to material inconsistencies regarding his alcohol consumption, evasiveness, and implausible precision in recalling details.

The court found the accused guilty on both counts.

The applicants sought the return of their $80,000 deposit after a failed real estate transaction in which the respondent could not provide clear title.

The deposit was returned before the hearing.

The respondent agreed to pay pre-judgment interest and costs but requested several years to pay and sought to join her former lawyer as a third party, alleging the lawyer was responsible for the failed transaction.

The court dismissed the motion to join the lawyer, finding it unrelated to the application, and ordered the respondent to pay the costs and interest within 60 days.

The court sentenced Tahir Ali for multiple drug trafficking offences, including fentanyl, methamphetamine, cocaine, oxycodone, and benzodiazepine, as well as possession of ammunition while subject to a weapons prohibition.

The decision reviews the devastating impact of the opioid crisis on individuals, families, and Indigenous communities in Grey-Bruce, Ontario.

The court considered aggravating and mitigating factors, including Ali’s prior record, health, and time spent in lockdown.

Drawing on recent appellate guidance, the court imposed a global sentence of 10 years for the drug offences and a consecutive 6-month sentence for the weapons prohibition breach, less credit for pre-trial custody.

The court considered an application to exclude drug evidence on the basis of alleged breaches of sections 8, 9, and 10(b) of the Charter.

The applicant, Zachary Telford, was arrested for impaired operation after being found asleep in his vehicle, and subsequently charged with possession of fentanyl and other drugs.

The court found that there were reasonable and probable grounds for the arrest and that the subsequent searches and demands were lawful.

The only Charter breach identified was a 20-minute delay in facilitating access to duty counsel, which was found to be minor and not to justify exclusion of the evidence.

The application to exclude the evidence was dismissed.

The accused, Tahir Ali, was charged with multiple counts of possession of various drugs for the purpose of trafficking, unsafe storage of firearms, unlawful possession of firearms, and possession of firearms/ammunition while prohibited.

At trial, the accused admitted continuity of seized items, his weapons prohibition, and that the drugs were for trafficking.

The central issue was his knowledge and control over the seized items.

The court found that a business associated with the accused was a sham.

Based on extensive circumstantial evidence, including TDR cell phone data, cell phone downloads, personal documents, and the large quantities of drugs, the court concluded that the accused had knowing possession and control over the drugs and ammunition.

Consequently, Ali was found guilty of all drug trafficking charges and possession of ammunition while prohibited.

However, he was found not guilty of the firearms charges related to two rifles found in a Kincardine house, as the Crown failed to prove his knowing possession beyond a reasonable doubt, given their location and the presence of other residents.

This decision addresses the division of proceeds from the sale of a jointly owned home following the breakdown of a common-law relationship.

The court determined that the parties engaged in a joint family venture from the time they obtained a joint line of credit.

Key issues included the treatment of the respondent's initial equity, CRA debts, the applicant's unsecured line of credit, and post-separation expenses and property value increases.

The court concluded that the increase in property value should be shared equally, while post-separation expenses were the sole responsibility of the respondent due to his exclusive use of the property and lack of cooperation in its sale.

The appellant challenged an application judge's decision concerning a right of way dispute between properties.

The Court of Appeal found no palpable and overriding errors of fact or legal errors in the application judge's analysis, noting that the lower court was entitled to resolve evidentiary conflicts.

The appeal was dismissed, and costs were awarded to the respondents.

Jennifer Deacon pleaded guilty to trafficking fentanyl and breach of undertaking.

The court considered her lengthy criminal history, substance use disorder, and mental health issues.

Applying principles of denunciation, specific and general deterrence, and separation, the court sentenced her to 1,348 days imprisonment for fentanyl trafficking and 30 days consecutive for breach of undertaking, with recommendations for treatment.

This case involved a dispute between neighbouring property owners, William Kranenburg (operating a campground) and Brice and Donna Grice (operating a farm), concerning a shared right-of-way (Laneway).

Kranenburg sued the Grices for nuisance due to gates and trees, seeking punitive damages.

The Grices counter-claimed that Kranenburg had overburdened the Laneway by changing his campground's use from a youth summer camp to a come-and-go trailer park and event space, seeking an injunction and damages for cut trees.

The court found that Kranenburg had indeed overburdened the Laneway, granting the Grices an injunction limiting the Laneway's use to its historical scope.

The court dismissed Kranenburg's nuisance claim against the Grices, finding no substantial interference.

The Grices' counter-claim for nuisance regarding cut trees was also dismissed due to insufficient evidence.

No damages were awarded to either party.

The accused, Jasper Dieter, brought an application to quash a search warrant for his residence, arguing that the Information to Obtain (ITO) lacked sufficient grounds for its issuance.

The court reviewed the ITO, including redacted portions and information from confidential informants and Crime Stoppers tips, applying the "reasonable grounds to believe" standard.

Despite some criticisms regarding dated information, conclusory statements, and surveillance not fully corroborating expectations, the court found that the totality of the circumstances, including detailed information from multiple sources and corroboration of neutral details, provided the justice of the peace with a strong basis to issue the warrant.

The application to quash the search warrant was dismissed.

The Crown appealed the acquittal of the respondent on a charge of possession for the purpose of trafficking cocaine.

The respondent was convicted only of simple possession.

The Crown argued that the trial judge erred in excluding expert evidence regarding cocaine trafficking and in finding that the respondent was a heavy cocaine user without evidentiary basis.

The Court of Appeal upheld the acquittal, finding no error in the trial judge's exclusion of the expert evidence or his findings regarding the respondent's cocaine use.

Following a trial regarding failed real estate transactions where the plaintiff achieved mixed success, the parties could not agree on costs.

The plaintiff sought full indemnity costs of over $55,000, while the defendant argued no costs should be awarded.

The court awarded the plaintiff discounted partial indemnity costs of $25,000, factoring in the mixed success at trial and the defendant's unreasonable conduct as a landlord.

The offender, a 37-year-old first-time offender, was convicted of simple possession of cocaine (29.4 grams), methamphetamine, and codeine.

The Crown sought 6 to 8 months in custody, while the defence requested a suspended sentence and probation.

The court emphasized denunciation and general deterrence due to the quantity of cocaine, but also considered the offender's lack of a criminal record, cooperation with police, and family circumstances.

The court sentenced the offender to 90 days in custody for the cocaine possession, and suspended sentences with 12 months of probation for the other two offences.