C. O’Connor

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 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.

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.