A.W. Bryant

Sentencing decision for leaving the scene of an accident causing death under s. 252(1.3)(b) of the Criminal Code.

The offender struck a pedestrian who was jogging in the roadway and immediately fled the scene without providing assistance, later falsely claiming he had hit a deer.

The court emphasized denunciation and general deterrence as paramount sentencing principles for hit-and-run offences, particularly where the driver leaves an injured person without determining whether assistance is required.

Although the offender pleaded guilty, expressed remorse, and had a minimal criminal record, the court held that a custodial sentence was necessary.

A five‑month custodial sentence followed by two years’ probation with community service was imposed.

The accused brought a Charter application seeking a stay of proceedings based on delay in completing his bail hearing, alleging violations of ss. 7, 9, and 11(e) of the Canadian Charter of Rights and Freedoms.

The accused argued that the justice of the peace and Crown prosecutor caused an unlawful adjournment exceeding the three‑day limit under s. 516 of the Criminal Code and demonstrated disregard for the accused’s liberty interests.

The court held that defence counsel consented to the adjournment and therefore no illegal adjournment occurred.

The court further found that neither the Crown prosecutor nor the justice of the peace acted improperly or breached the accused’s Charter rights.

Although the 32‑day duration of the bail hearing was unacceptable, it did not justify the extraordinary remedy of a stay of proceedings.

On an application to pass estate accounts for the period when Marian Barltrop acted as guardian of property for Ethel Baker, the court considered extensive objections from Robert Baker concerning alleged deficiencies, overpayments, and reimbursements.

The court found the records were complete, accepted that identified duplicate and overpayments were bookkeeping errors rather than fiduciary breaches, and reduced compensation for those specific amounts.

The court held that challenged reimbursements, including care-related payments, legal and travel expenses, and other administration costs, were reasonably incurred for Ethel Baker’s benefit in the circumstances.

The accounts were passed, with a limited adjustment to compensation and a timetable set for costs submissions.

On a summary judgment motion in long-running drainage litigation, the moving defendants sought dismissal on limitation grounds and substantial indemnity costs.

The responding plaintiffs opposed and sought related procedural relief, including amendment of pleadings to particularize nuisance and to plead discoverability and fraudulent concealment.

The court held that the record disclosed multiple genuine issues requiring a trial, including disputed facts regarding design, construction, disclosure obligations, and the interaction of potentially applicable statutory limitation regimes.

Summary judgment was dismissed, leave to further amend the amended statement of claim was granted, and the matter was directed to proceed expeditiously toward trial.