Corthorn

The applicant, charged with sexual assault and extortion, brought a s. 11(b) Charter application seeking a stay of proceedings due to unreasonable delay.

The total delay exceeded the 30-month presumptive ceiling.

However, the court deducted 73 days of defence delay attributed to the late notice of the s. 11(b) application, bringing the net delay below the ceiling.

The court rejected the Crown's arguments that a conflict in the Crown's office and a change in the assigned trial judge constituted exceptional circumstances.

The application was dismissed.

The defendant college brought a preliminary motion to strike portions of the self-represented plaintiff's affidavit and factum filed in response to the defendant's motion to strike the plaintiff's pleading.

The court found that the plaintiff's affidavit contained extensive argument, opinion, and inflammatory rhetoric in violation of Rule 4.06, and that her factum relied on facts not in evidence.

The court granted the defendant's motion, striking the offending paragraphs from both documents, and dismissed the plaintiff's cross-motion to strike paragraphs from the defendant's affidavits.

The plaintiff landlord brought a motion for default judgment against the corporate tenant and its president, as personal indemnifier, after the tenant abandoned the commercial premises and defaulted on rent and arrears payments.

The defendants were noted in default.

The court granted the motion, finding the plaintiff was entitled to damages for rent arrears, accelerated rent, and lost future rent, without reduction for failure to mitigate, as the plaintiff's efforts to re-lease the premises were reasonable.

The court also awarded pre-judgment interest and full indemnity costs.

The accused was charged with historical sexual offences against his daughter, alleged to have occurred between 1974 and 1979 when the family lived in Ontario.

The accused had previously pled guilty to sexual assaults against the complainant occurring between 1979 and 1987 in another province.

At trial, the accused denied any sexual contact during the Ontario years.

The court rejected the accused's evidence but found the complainant's evidence regarding acts of intercourse and fellatio to be unreliable due to inconsistencies and delayed disclosure.

However, the court found the complainant's evidence regarding fondling and digital penetration to be credible and corroborated by prior consistent statements.

The accused was acquitted of rape, sexual intercourse with a female under 14, and incest, but found guilty of indecent assault and gross indecency.

The testator's will appointed his daughter and son as executors and directed them to set aside $100,000 in a trust fund for the benefit of another son.

The executors transferred the funds to an investment account with the son as the annuitant and no named beneficiary.

The son subsequently misappropriated the funds for his own business.

The applicant sought payment of his entitlement and the removal of the executors.

The court found that the trust fund was never properly established and that both executors breached their fiduciary duties.

The daughter's passive reliance on her co-executor fell short of the standard of care required of an executor.

The executors were held jointly and severally liable for the dissipated funds.