Brian Edward Chambers

The accused was found guilty by a jury of sexual interference and child luring against his intimate partner's 10- or 11-year-old daughter.

The court applied the principles from R. v. Friesen, emphasizing denunciation and deterrence for child sexual abuse involving a breach of trust.

The court rejected the defence's request for a conditional sentence, finding it manifestly unfit given the gravity of the offences.

The accused was sentenced to a total of 6.5 years in custody (5.5 years for sexual interference and 1 year consecutive for child luring), less credit for pre-sentence custody, along with various ancillary orders including a 20-year SOIRA order.

The plaintiff brought a motion to strike the defendants' jury notice due to significant delays caused by the COVID-19 pandemic, arguing that the ongoing adjournments were causing prejudice, including the erosion of her claim for past income loss.

The defendants opposed, asserting the right to a jury trial and advocating for a "wait and see" approach.

The court granted the motion, finding that the current and anticipated delays in civil jury trials in the Central East Region, coupled with the possibility of an earlier judge-alone trial, justified striking the jury notice.

The court emphasized that delay in obtaining a civil jury trial date can, by itself, constitute prejudice, aligning with recent Court of Appeal guidance.

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 Crown sought a ruling on the admissibility of a 911 call and a police statement made by the accused’s spouse concerning a stabbing incident.

Because the couple married after the events but before trial, the spouse was incompetent to testify for the Crown under s. 4(1) of the Canada Evidence Act.

The Crown argued the statements should be admitted under the principled exception to the hearsay rule on the basis of necessity and reliability.

Applying the framework from Hawkins and Couture, the court held that the spousal incompetency rule must remain analytically distinct from hearsay analysis and that admitting the statements would undermine the rule’s underlying rationale of protecting marital harmony and preventing conscription of a spouse into the prosecution.

The proposed evidence was therefore inadmissible.

The Crown applied under s. 37 of the Canada Evidence Act to prohibit disclosure of counselling notes and patient records seized from the accused during a search warrant execution, arguing disclosure would encroach on the privacy interests of complainants who had shared intimate personal information.

The accused opposed the application, asserting the records were his own work product necessary for the operation of his practice and for making full answer and defence.

The court held that s. 37 was intended to apply to information generated by the state or third parties, not to materials created and owned by the accused.

Relying on principles concerning ownership of medical records articulated by the Supreme Court of Canada, the court concluded the physical records belonged to the creator.

The application to prohibit disclosure was dismissed and the accused was entitled to the return of the seized materials.

The applicant appealed a decision of the Registrar of Motor Vehicles to suspend his driver's licence based on a Medical Condition Report from his physician citing alcohol dependence and binge drinking.

The applicant argued the report was insufficient evidence to continue the suspension.

The Licence Appeal Tribunal confirmed the Registrar's decision, finding that the physician's report was reliable and the applicant had not provided any medical information to contradict it or show his condition had changed.

The Registrar issued a Notice of Proposal to suspend the licensee's liquor licence for 35 days, alleging that the licensee permitted drunkenness on the premises contrary to subsection 45(1) of O. Reg. 719/90.

The evidence indicated that two patrons were cut off from alcohol service when they showed signs of intoxication but were allowed to remain on the premises until they could safely return home.

The Board found that cutting off the patrons and allowing them to remain for safety reasons was prudent and did not constitute permitting drunkenness.

The Board made no finding of a violation.

The Ontario Labour Relations Board was asked to make a sector determination regarding the construction of an underground concrete water storage tank.

The applicant union argued the work fell within the industrial, commercial and institutional (ICI) sector, while the responding employer and intervenor union argued it was in the heavy engineering or sewer and watermain sectors.

Applying the test from The Heavy Construction Association of Toronto, the Board found that the tank's end use was part of a sewage treatment and water pollution control process, which is industrial in nature.

The Board concluded that the building of the water storage tank is work in the ICI sector of the construction industry.