Charles K. Waite

The youth appellant, aged 14 at the time of the offence, was convicted of being an accessory after the fact to murder after assisting an adult in dismembering and disposing of the bodies of two victims.

The trial judge imposed a custodial sentence of six months' secure custody and two years' probation, finding it was an exceptional case under s. 39(1)(d) of the Youth Criminal Justice Act.

The youth appealed the sentence.

The Court of Appeal dismissed the appeal, holding that the horrifying circumstances of the offence and the youth's substantial role made it an exceptional case where a non-custodial sentence would be inconsistent with the purpose and principles of sentencing.

The appellant, a young person, appealed the sentence imposed by the youth court judge.

The Court of Appeal for Ontario heard the appeal and reserved its decision.

The Court ultimately dismissed the appeal, noting that the case raised important issues concerning the interpretation of the Youth Criminal Justice Act, and stated that reasons for the decision would be delivered at a later date.

The appellant mortgagee appealed an order dismissing its claim against two original mortgagors on the basis of novation.

The court held that, despite a fraudulent scheme by a third party and subsequent assumption and renewal of the mortgage, the agreed facts stipulated that the fraud did not affect the appellant's legal position.

Applying the novation framework, the majority concluded that the no prejudice clause preserved the mortgagee's rights and that the evidence did not establish a novation releasing the original mortgagors.

The appeal was allowed and judgment was substituted for the outstanding mortgage balance, with costs to the appellant here and below.