D. Freudman

The offenders were convicted of possession of cocaine for the purpose of trafficking and possession of proceeds of crime after police found nearly half a kilogram of cocaine and over $5,000 in cash in their vehicle.

The Crown sought 4 to 5 years imprisonment, while the defence sought conditional sentences or 8 to 12 months imprisonment.

The court emphasized denunciation and deterrence for commercial drug trafficking and sentenced both offenders to 3.5 years imprisonment, less credit for pre-sentence custody and strict bail conditions.

The accused were charged with possession of cocaine for the purpose of trafficking and possession of proceeds of crime after police discovered over 470 grams of cocaine and significant cash in their vehicle.

The Crown relied entirely on circumstantial evidence, including the location of the drugs, the large amount of cash in plain view, and the accused's behaviour during the police stop.

The court applied the Villaroman test for circumstantial evidence and concluded that the only reasonable inference was that both accused had knowledge and control of the drugs and money.

Both accused were found guilty on all counts.

The plaintiffs brought a motion for summary judgment against the defendant guarantor for repayment of a $1,000,000 loan.

The defendants denied borrowing the money, alleging the loan agreement was forged and that the funds were held in trust and disbursed in cash to third parties pursuant to a promissory note.

The court found the evidentiary record from both parties to be deficient, with missing emails, text messages, and financial records, and significant credibility issues on both sides.

The motion for summary judgment was dismissed as the court could not make the necessary findings of fact to achieve a fair and just result without a trial.