Derek Alexander Johnson

Two accused were jointly charged with human trafficking offences, including unlawfully recruiting and exercising control over a young woman for the purpose of exploiting her in the sex trade, receiving financial benefits from sexual services, advertising sexual services, procuring for sexual services, and unlawful confinement.

The Crown's case relied primarily on the testimony of the complainant, a young mother with a history of drug use and involvement with child protective services.

The defence challenged the complainant's credibility, arguing she fabricated allegations to avoid losing custody of her child.

The court found the complainant's testimony credible and reliable despite inconsistencies noted by initial police responders.

The court convicted both accused of human trafficking and procurement offences, finding they exercised control and direction over the complainant through threats and coercion, causing her to provide sexual services against her will.

One accused was also convicted of receiving financial benefits from the offences and breaching probation conditions.

The defendant brought a motion for summary judgment seeking dismissal of a personal injury claim arising from a motor vehicle accident.

The motion relied in part on an expert human factors report opining that one independent witness’s recollection was more reliable than another’s.

The court held that the report improperly intruded on the role of the trier of fact by effectively assessing witness credibility and preferring one account over another.

Given conflicting eyewitness evidence and credibility issues suitable for a jury, the court found that the matter required a trial.

The motion for summary judgment was dismissed with costs.