Elham Ellen Jamshidi

The defendant, Ronald Brown, was charged with multiple weapon and assault offences after allegedly confronting his ex-partner's new boyfriend, Sean Roberts, with a baseball bat and displaying a handgun.

The court assessed the credibility and reliability of the Crown's witnesses (Ms. Beard and Mr. Roberts) and the defendant.

The court found Mr. Roberts' testimony regarding the baseball bat credible and reliable, but his evidence concerning the handgun was not sufficiently reliable.

The defendant's testimony was deemed inconsistent, disingenuous, and implausible.

Brown was found guilty of carrying a concealed weapon, possession of a weapon, and assault with a weapon (a silver baseball bat), but not guilty of charges related to the handgun.

The accused, John Fisher, was found guilty of aggravated assault, assault with a weapon, carrying a concealed weapon, and possession of a weapon for a dangerous purpose following a stabbing incident in a Toronto sports bar.

The court rejected the defense's arguments regarding identity and the location of the injury, relying on surveillance video.

In sentencing, the court considered aggravating factors including the unprovoked and vicious nature of the attack, the use of a concealed knife, the significant injury to the victim, and the accused's extensive criminal record.

Mitigating factors included a troubled childhood, ongoing mental health issues (depression, borderline personality disorder), alcohol and substance abuse, and time spent on bail with a curfew.

The Crown sought 4.5 years imprisonment, while the defense sought 12 months (time served).

The court imposed a global sentence of three years and six months' incarceration, with credit for presentence custody.

The applicant, charged with aggravated assault and weapons offences, brought an application under s. 11(b) of the Charter alleging unreasonable delay.

The total delay was 43 months, exceeding the 30-month presumptive ceiling.

The Crown argued that the COVID-19 pandemic and the assigned Crown's illness were exceptional circumstances.

The court deducted 14.5 months for pandemic-related delays and 2 months for the Crown's illness, bringing the net delay to 26.5 months.

As the remaining delay fell below the presumptive ceiling and this was not a clear case for a stay, the application was dismissed.

The accused was tried for aggravated assault and weapons offences following a stabbing at a sports bar.

The incident was captured on surveillance video, showing a man wearing a Nirvana baseball cap striking the victim in the face with a knife-like object.

The victim, who was unavailable for trial, had testified at the preliminary inquiry that he was stabbed by a different person on the stairs.

The court admitted the victim's preliminary inquiry evidence but rejected it as implausible and contradicted by the video.

The court also admitted prior acquaintance recognition evidence from a police officer who identified the accused as the man in the video.

The court found the Crown proved beyond a reasonable doubt that the accused was the attacker and found him guilty on all counts.

The Crown brought an application for certiorari with mandamus in aid to quash the decision of a preliminary inquiry judge who discharged the respondent on charges of possession of a loaded prohibited firearm.

The Crown argued the preliminary inquiry judge committed jurisdictional error by drawing inferences favourable to the respondent and failing to consider the evidence as a whole.

The Superior Court of Justice dismissed the application, finding that the preliminary inquiry judge properly applied the Shephard test and engaged in the permissible limited weighing of circumstantial evidence without choosing between competing inferences.

The accused was charged with aggravated assault, assault with a weapon, and possession of a weapon dangerous to the public peace following an altercation with a bouncer at a nightclub.

The Crown alleged the accused struck the bouncer with a beer bottle unprovoked.

The accused claimed he was surrounded by bouncers, punched in the face, and struck the bouncer with his elbow in self-defence.

The court found the Crown witnesses' evidence inconsistent and unreliable, while the accused's testimony was credible.

The court held the Crown failed to disprove self-defence beyond a reasonable doubt and acquitted the accused on all counts.

The offender, aged 18 at the time, pleaded guilty to manslaughter for her role in the stabbing death of the victim.

The offender instigated a confrontation between the victim and her boyfriend, escalated the physical altercation, and fled the scene after her boyfriend fatally stabbed the victim.

The court found her moral blameworthiness to be high, characterizing the offence as aggravated manslaughter.

The offender was sentenced to 8 years in custody, less credit for pre-sentence custody, along with ancillary orders.

The accused applied for a stay of proceedings under s. 24(1) of the Charter alleging breach of the right to be tried within a reasonable time under s. 11(b).

They were charged with cocaine trafficking offences under the Controlled Drugs and Substances Act and faced a projected delay of over 50 months from charge to the anticipated completion of trial.

The court applied the framework from R. v. Morin, assessing the length of delay, waiver, reasons for delay, and prejudice to the accused.

Significant portions of the delay were attributed to the Crown’s failure to provide timely disclosure and inadequate case management.

The court concluded that the applicants’ s. 11(b) rights were breached and that a stay of proceedings was the appropriate remedy.