David Gildiner

The appellant appealed his global sentence of eight years (less credit for pre-sentence custody) imposed for five offences related to human trafficking.

The appellant argued that the sentencing judge erred by: (1) failing to grant qualitative credit under R. v. Duncan for conditions of pre-sentence incarceration including triple bunking and lockdowns; (2) admitting and misusing voluntary videotaped jail-house interviews; and (3) imposing an excessive sentence.

The Court of Appeal dismissed all grounds of appeal, finding no error in the sentencing judge's discretionary decisions and confirming that the sentence was fit given the gravity of the offences and the appellant's degree of responsibility.

The Toronto Police Services Board appealed a Small Claims Court decision awarding damages to Moses and Princess Water for injuries and trauma sustained during the execution of a search warrant.

The Divisional Court dismissed the appeal regarding Moses, finding the trial judge did not err in concluding police used excessive force.

However, the court allowed the appeal regarding Princess, setting aside her damages award because the trial judge failed to find the police liable for any cause of action against her.

The cross-appeals by Moses and Princess alleging unlawful detention and arrest were dismissed, as the police actions were deemed necessary to secure the premises during the search.