Edmund Chan

The offender was convicted of two counts of sexual assault against his 18-year-old stepdaughter.

The offences involved forced vaginal intercourse and occurred in the victim's home, constituting a severe breach of trust.

The court weighed significant aggravating factors, including the profound psychological impact on the victim, against mitigating factors such as the offender's lack of a criminal record and the collateral immigration consequences of likely deportation.

The court imposed consecutive sentences of 3 years for each count, resulting in a global custodial sentence of 6 years, along with a 20-year SOIRA order and a 10-year weapons prohibition.

The applicant condominium corporation sought declarations that the respondent, a former director, breached his duties under the Condominium Act and should be declared a vexatious litigant.

The respondent brought a cross-application seeking the removal of other directors and claiming oppression.

The court found that the respondent breached his duties as a director by acting unilaterally, rendering the board dysfunctional, and failing to exercise the care of a reasonably prudent person.

However, the court declined to declare him a vexatious litigant or grant a sweeping injunction against him.

The respondent's cross-application was dismissed in its entirety, as the court found no bad faith by the other directors and no breach of the respondent's reasonable expectations to support an oppression claim.