Claudette Breault

The accused, a professional truck driver, was charged with dangerous driving causing death and bodily harm following a multi-vehicle collision on Highway 401.

The accused's tractor trailer collided with stopped or slowed traffic at 104 km/h without braking until a fraction of a second before impact.

The court found that the accused failed to respond to visual cues, including flashing lights and brake lights, which constituted a marked departure from the standard of care expected of a reasonable person, particularly a professional driver.

The accused was found guilty on all counts.

The court issued a trial management endorsement to address the resumption of a criminal trial that was adjourned due to the COVID-19 pandemic.

The accused is charged with dangerous driving causing death and bodily harm.

The court ordered that the balance of the Crown's non-expert witnesses will testify via Zoom, while expert witnesses will testify in person at a later date.

The endorsement sets out detailed procedures for document sharing, witness management, and virtual courtroom etiquette.

The accused was charged with sexual assault following an incident at a party on February 11-12, 2011.

The defence raised the issue of sexsomnia (sexual activity during sleep), claiming the accused was not criminally responsible due to mental disorder.

The trial judge rejected the defence's evidence, finding the accused was awake and aware during the assault.

The judge found the expert evidence of Dr. Shapiro to be biased and unreliable, and rejected the accused's testimony as not credible.

The accused was found guilty of sexual assault.

The court addressed whether Crown counsel could cross-examine the defence expert witness, Dr. Shapiro, on handwritten notes prepared by the accused shortly after the alleged incident and subsequently provided to the expert for his review.

The defence asserted solicitor-client privilege over the notes.

The court found that the notes were intentionally provided to the expert and that any privilege was waived when the expert testified.

The court ruled that the Crown could cross-examine Dr. Shapiro on all materials listed in his report that were relevant to his expert opinion or his credibility and objectivity as a witness.

The accused was found guilty of manslaughter for failing to provide the necessaries of life to his severely disabled brother, who died of starvation, pneumonia, and infected bedsores after eight years of extreme neglect and financial exploitation.

The court found the accused's moral culpability to be exceptionally high, characterizing the offence as a 'near murder' due to the prolonged, deliberate, and horrific nature of the abuse.

The accused was sentenced to 20 years' imprisonment, with a 1:1 credit for pre-sentence custody, as the court declined to grant enhanced credit.