Champagne

The accused, a 23-year-old first-time offender, was sentenced for impaired driving causing death and bodily harm, and criminal negligence causing death and bodily harm, following an ATV crash.

The accused drove an ATV while impaired, with two passengers, resulting in the death of one passenger and serious injuries to the other.

The court weighed the devastating impact on the victims, the accused's high moral blameworthiness, and the principles of deterrence and denunciation against mitigating factors including her youth, lack of prior record, and remorse.

The court imposed a global sentence of 66 months imprisonment, less 14 months credit for pre-sentence custody, and a 7-year driving prohibition.

The plaintiff brought a motion to compel his former counsel to deliver his complete file to his new counsel.

The former counsel refused to release the file until his disbursement account was paid in full, asserting a solicitor's lien.

The court found that the former counsel was not discharged for cause and therefore had a legitimate lien on the file.

The court dismissed the motion, noting that the plaintiff would not be unduly prejudiced and the disputed disbursements could be assessed.

The plaintiff moved for partial summary judgment against the individual defendants, seeking to hold them personally liable for a consent judgment previously obtained against their corporation.

The plaintiff relied on personal guarantees signed by the defendants.

The defendants argued the guarantees were invalid or limited, and sought a stay of proceedings based on an arbitration clause.

The court dismissed the request for a stay, finding it was brought too late and that the oppression claim fell outside the arbitration agreement.

The court granted summary judgment, finding the 2010 personal guarantee was a continuing guarantee that rendered the individual defendants personally liable for the corporate debt.