4 total
Offender sentenced to time served for procuring sexual services and obtaining material benefit.
The offender pled guilty to procuring sexual services and obtaining a material benefit from the commission of an offence.
The offences occurred over a two-year period while the offender and the victim were in an intimate relationship and had a child together.
The court considered the aggravating factors, including the victim's youth and the offender's encouragement of her to work while pregnant, alongside mitigating factors such as the guilty plea, lack of a prior record, and the nine-year gap since the offences during which the offender lived pro-socially.
The court sentenced the offender to time served (one day in custody) after applying 557 days of pre-trial and bail credit, emphasizing the principle of restraint and the needs of the offender's child and elderly parents.
Crown application to allow vulnerable complainants to testify remotely via video conference granted.
The Crown brought an application under s. 714.1 of the Criminal Code to allow two complainants to testify remotely from Sudbury.
The complainants cited childcare responsibilities, mental health issues, addiction recovery, and fear of the accused as reasons for their reluctance to testify in person.
The court balanced the rights of the vulnerable witnesses with the accused's right to a fair trial and the presumption of innocence.
Finding no prejudice to the accused in a judge-alone trial, the court granted the application, ordering the complainants to testify via video conference from the Sudbury courthouse.
Receivership application granted and judgment entered against guarantor following commercial loan default.
The applicant bank sought the appointment of a receiver over the respondent debtors and judgment against the individual guarantor following defaults on credit facilities totaling over $2 million.
The debtors failed to provide required reporting and did not cure the default after demands and notices under the Bankruptcy and Insolvency Act were issued.
The court found the bank was contractually entitled to appoint a receiver and enforce the guarantee.
The application was granted, a receiver was appointed, and judgment was entered against the guarantor for $1,988,777.37 plus full indemnity costs.
Motion to quash judicial review of subdivision approval denied; public interest standing and jurisdiction arguable.
The developer and the municipality brought a motion to quash an application for judicial review of a Draft Plan of Subdivision Approval.
They argued the court lacked jurisdiction due to the statutory appeal scheme and that the applicant lacked public interest standing.
The court dismissed the motion to quash, finding it was not plain and obvious that jurisdiction was ousted or that standing should be denied.
The court also partially granted a motion to strike portions of the applicant's affidavit, striking two expert reports but allowing correspondence and video evidence to proceed to the panel.
