Danielle N. Landry

Terry Croteau was sentenced after pleading guilty to fraud over $5000, making false representations in telemarketing contrary to the Competition Act, and using a forged document.

The offences stemmed from intertwined direct mail and telemarketing schemes that defrauded over 2,000 victims of approximately $1.3 million between 2012 and 2019.

The schemes involved misleading "Final Notices" and telemarketing calls designed to appear affiliated with legitimate directories like Yellow Pages, and the use of forged collection letters from "Credifax." Croteau had a prior US conviction for similar fraudulent activity.

The court accepted a joint submission for a 30-month jail sentence, emphasizing denunciation and deterrence due to the magnitude, duration, and recidivism of the offender.

On a pre-trial application in a sexual assault prosecution, the court considered whether sexually explicit text messaging exchanged within the hour before the alleged assault constituted prior sexual activity evidence requiring screening under s. 276 of the Criminal Code.

The court held that, given the immediate temporal proximity and narrative connection, the texts formed part of the sexual activity that was the subject-matter of the charge and therefore did not engage s. 276.

In the alternative, the court held the evidence met the admissibility requirements in ss. 276(2) and (3) because it was relevant to the accused's asserted defence of honest but mistaken belief in communicated consent, was not tendered for twin-myth reasoning, and had significant probative value not substantially outweighed by prejudice.

The application was granted.

K.R. was charged with sexual assault and sexual interference involving a young person, M.B. The trial focused on whether the alleged events occurred.

The court assessed the credibility and reliability of the child complainant, M.B., and the defence witnesses, K.R. and his wife, B.R. The judge found M.B.'s testimony to be rehearsed, inconsistent with other evidence, and illogical regarding timing and the presence of B.R. While not necessarily believing the accused's denials, the judge found B.R.'s testimony credible and compelling, particularly regarding the impossibility of the alleged incidents occurring unnoticed.

Ultimately, the Crown failed to prove guilt beyond a reasonable doubt, leading to an acquittal on both counts.

The appellant challenged a trial judgment awarding damages for breach of an Offer to Lease.

The appellant moved into the respondent's rental property but vacated after three weeks, claiming either no contract existed or the respondent had fundamentally breached it.

The trial judge found a binding agreement existed, rejected claims of fundamental breach, and awarded damages of $233,146.30 with 12% annual interest compounded monthly.

The Court of Appeal dismissed the appeal, upholding the trial judge's findings on liability and the discretionary award of interest.

The appellant was convicted after a judge-alone trial of dangerous driving while racing causing bodily harm and dangerous driving while racing causing death.

The Crown's case was that the appellant and Tyler Dodd were racing their vehicles on Highway 21 near Owen Sound when Dodd lost control, crossed into oncoming traffic, and struck another vehicle, killing Dodd and injuring the other driver.

The appellant appealed his convictions on three grounds: challenging the finding that the vehicles were racing at the time of the accident, challenging the admissibility of his statement to police, and challenging the causation finding.

The Court of Appeal dismissed the appeal, upholding all findings of the trial judge.

The accused, Jonathon Leitch and Shawn Ball, were tried for drug possession and possession for the purpose of trafficking.

Leitch brought a Charter application alleging violations of his rights against arbitrary detention (s. 9) and the right to counsel (s. 10(b)).

The court found that Leitch's s. 9 and s. 10(b) rights were violated, leading to the exclusion of methamphetamine evidence under s. 24(2) of the Charter.

Consequently, Leitch was acquitted on all four drug charges, and Ball was acquitted on the joint trafficking charge due to insufficient evidence of possession.