B. Wilson

The accused pleaded guilty to fraud over $5000 for her role as a courier in a 'grandparent scam' targeting a 71-year-old victim.

The victim was deceived into handing over $6,000 to secure the release of her grandson, who she was falsely told had been arrested.

The court emphasized the principles of denunciation and deterrence, noting the profound impact of elder fraud on victims' financial security and emotional well-being.

Despite the accused's lack of a prior record, guilty plea, and lesser role as a courier, the court found a conditional sentence inadequate and imposed a six-month custodial sentence.

The applicant, Parkland Corporation, sought an interlocutory injunction to prohibit the respondent gas station operator from selling fuel purchased from third parties, in breach of their consignment and branding agreement.

The court applied the tripartite test for an interlocutory injunction, finding a strong prima facie case of contractual breach.

The court also found that the applicant would suffer irreparable harm to its business model and market share, and that the balance of convenience favoured the applicant.

The interlocutory injunction was granted.

The plaintiff bank moved for leave to appeal to the Divisional Court from an order dismissing its motion for summary judgment against a corporate debtor and personal guarantors.

The court found good reason to doubt the correctness of the motion judge's order, as the bank had an irrefutable claim for partial summary judgment.

However, the court dismissed the motion for leave to appeal because the issue was not of general importance, holding that an allegedly incorrect application of Rule 20 does not automatically create a matter of general importance warranting an appeal.