Repeat violent offender sentenced to five years for home invasion sexual assault of sleeping stranger.
The offender pleaded guilty to sexual assault, break and enter, and failing to comply with probation after breaking into a stranger's apartment at night, stripping naked, and getting into her bed while she slept.
The court rejected arguments for a reformatory sentence based on the offender's fetal alcohol spectrum disorder and difficult background, emphasizing his extensive record of violent offences and non-compliance with court orders.
Finding the offences constituted a home invasion, the court imposed a global sentence of five years' imprisonment, less credit for pre-sentence custody.
An Indigenous offender received an 18-month consecutive sentence for firearm and drug offences, balancing totality and Gladue principles.
Ashley Gallie pleaded guilty to multiple offences including possession of a prohibited firearm, careless storage of a firearm, possession of cocaine and fentanyl for trafficking, and possession of proceeds of crime over $5000.
The sentencing judge considered her difficult personal history, Indigenous heritage, and the impact of family separation in imposing an 18-month consecutive sentence, resulting in a global six-year sentence when combined with a prior 4.5-year sentence.
The decision carefully balances principles of denunciation, deterrence, rehabilitation, and totality, while applying Gladue principles despite the offender's limited connection to her Indigenous culture due to historical dislocation.
The court rejected a near-joint submission as manifestly inadequate and imposed a two-year sentence for unprovoked knife attacks, intimate partner violence, and child abuse.
The offender, Tiago Vieira-Paulino, pleaded guilty to eight criminal charges, including unprovoked knife attacks on strangers and intimate partner violence and child abuse against his partner and her three young children.
The Crown sought an eight-month custodial sentence, while the defence sought six months less a day, primarily to avoid immigration consequences.
The court rejected the proposed sentence as manifestly inadequate, finding it would bring the administration of justice into disrepute.
The judge emphasized the principles of denunciation and general deterrence, particularly for intimate partner violence and child abuse, and the gravity of unprovoked stranger assaults with a weapon.
A global sentence of two years less a day in custody, followed by three years' probation, was imposed, with credit for pre-sentence custody.
Accused found guilty of breaching bail curfew after failing to prove medical emergency lawful excuse.
The accused was charged with failing to comply with a recognizance after being caught driving past his curfew.
He admitted the breach but argued he had a lawful excuse, claiming he was rushing to assist his pregnant wife with a medical emergency.
The court found the accused's testimony lacked credibility, noting inconsistencies and his failure to call his wife as a witness to corroborate the emergency.
The accused failed to prove the lawful excuse on a balance of probabilities and was found guilty.
Custody Application decision
The offender pleaded guilty to luring a 13-year-old girl via the internet for the purpose of facilitating sexual abuse under section 152 of the Criminal Code, and to distributing intimate images of the victim without consent under section 163.1.
The offender induced the victim to perform sexual acts and self-harm on video, captured screenshots, and subsequently distributed these images to peers in the victim's community as an act of revenge when the victim moved on to a local boy.
The victim suffered severe psychological harm, including anxiety, depression, suicide attempts, bullying, and academic decline.
The court imposed a sentence of five years less 68 days (4 years and 297 days) on the primary count, with three years concurrent on the secondary count, plus ancillary orders including DNA, SOIRA, firearms prohibition, and section 161 conditions.
Accused committed to stand trial on conspiracy and aggravated assault charges following preliminary inquiry.
The Crown sought to commit the accused to stand trial following a preliminary inquiry on charges including conspiracy to commit assault, aggravated assault, sexual assault, and breach of recognizance.
The court applied the Sheppard test to determine if there was sufficient evidence upon which a reasonable jury properly instructed could return a verdict of guilty.
Finding that the circumstantial evidence could reasonably support an inference of guilt, the court committed both accused to stand trial on all contested charges.
Summary judgment motion refused as premature without discrete issue capable of resolving the case.
The plaintiffs sought to schedule a motion for summary judgment arising from the termination of a distributorship agreement shortly after they paid over $1 million to buy out a partner’s interest in the business.
The defendants opposed scheduling the motion, arguing that the dispute involved complex factual issues and incomplete discovery.
The court held that summary judgment is most appropriate where a discrete, determinative issue can resolve all or a substantial portion of the litigation.
Given the numerous pleaded causes of action, disputed contractual terms, and the need for discovery, the court found the proposed motion premature and unlikely to produce proportional savings in time or cost.
The plaintiffs were granted time to reformulate their motion around discrete issues; otherwise the matter would proceed through discovery and toward trial.
Application for stay of driving prohibition pending appeal dismissed for failure to show real hardship.
The applicant, having been convicted of impaired driving and driving over 80, sought a stay of his two-year driving prohibition pending his appeal.
He argued that the prohibition caused significant hardship to his businesses and personal life.
The court dismissed the application, finding that the appeal had borderline merit but the applicant failed to demonstrate real hardship, as opposed to mere inconvenience, and that the public interest weighed against granting the stay.