Daniel John Kirby

The accused was convicted of manslaughter following a jury trial on a charge of first-degree murder in connection with the death of Marvin Matthew on May 26, 2023.

The accused stabbed the deceased multiple times with a hunting knife after discovering him in a sexual encounter with the accused's girlfriend.

The jury rejected the accused's self-defence claim and found him guilty of the lesser included offence of manslaughter.

At sentencing, the court imposed an effective 11-year penitentiary sentence, accounting for pre-sentence custody credit of approximately 3 years and 8 months, resulting in a sentence of 7 years and 4 months to be served.

The court emphasized the gravity of the offence, the breach of bail conditions, and the absence of genuine remorse.

The appellants sought to appeal an order denying a certificate of pending litigation and requested interim relief.

The Court of Appeal determined that the order denying the certificate was an interlocutory order, not a final one, meaning jurisdiction for the appeal lay with the Divisional Court, requiring leave.

Consequently, the Court of Appeal lacked jurisdiction to hear the appeal or grant interim relief pending an appeal it could not hear.

The court declined to exercise its discretion to sit as the Divisional Court, noting the appellants already had a leave motion pending there.

The appeal was quashed.

The applicant, Richard Bendall, moved to terminate spousal support payable to the respondent, Arlene Bendall, effective January 1, 2018, citing his retirement and injuries as a material change in circumstances.

Arlene opposed the termination, sought a retroactive increase in spousal support from 2009, and indefinite continuation of support, arguing Richard's retirement was voluntary and she remained in need due to post-separation injuries and illness.

The court found Richard's voluntary retirement constituted a material change in circumstances, was not motivated by a desire to avoid support, and that Arlene's inability to achieve self-sufficiency was primarily due to post-separation health issues rather than economic disadvantages from the marriage.

The court terminated spousal support effective January 1, 2018, and ordered Arlene to repay any amounts received since that date.

Arlene's oral motion to amend her pleading for retroactive support was denied due to delay and prejudice to Richard.

A criminal trial for second-degree murder resulted in a finding of not criminally responsible on account of mental disorder (NCRMD).

The accused, suffering from schizophrenia, committed a fatal stabbing while experiencing severe delusions and hallucinations, believing the victim was possessed by a demon.

Expert psychiatric testimony, accepted by the court, established that the accused was incapable of appreciating the nature and quality of the act or knowing it was morally wrong under s. 16 of the Criminal Code.

The matter was referred to the Ontario Review Board for disposition.

A bartender and bar manager was charged with assault causing bodily harm after forcibly removing an intoxicated patron from a licensed establishment.

The defendant pleaded self-defence under Criminal Code section 34, arguing that the patron had made escalating threats of violence, including a death threat, after being cut off from service and asked to leave.

The court found that the defendant held a reasonable belief that force was being threatened against him, that his response was proportionate in the circumstances, and that his actions were justified both under the self-defence provision and under the Liquor Licence Act, which permits the use of necessary force to remove non-compliant patrons.

The charge was dismissed.