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The accused was found criminally responsible for arson as his early-stage dementia did not negate his capacity to appreciate his acts or know they were wrong.
Gaston Nicholas was charged with two counts of arson and admitted to setting the fires.
The issue was whether he was not criminally responsible (NCR) due to a mental disorder under s. 16 of the Criminal Code.
The defence argued that vascular dementia, paranoia, or delusions rendered him incapable of appreciating the nature and quality of his acts or knowing they were wrong.
The Crown contended that despite some dementia, his actions and words demonstrated appreciation and knowledge of wrongfulness.
The court found that Nicholas suffered from early-stage dementia, which qualified as a mental disorder, but it did not render him incapable of appreciating the nature and quality of his acts or knowing they were morally wrong.
Consequently, the NCR defence was not established, and Nicholas was found criminally responsible and guilty of arson.
Class action over contraceptive risks certified against pharmaceutical manufacturer.
The plaintiffs sought certification of a proposed class action against a pharmaceutical manufacturer regarding the oral contraceptives Yasmin and YAZ.
The proposed class included Ontario residents prescribed and using the drugs prior to November 30, 2011, and derivative claimants under the Family Law Act.
The plaintiffs alleged negligence in the design, testing, marketing, and warning associated with the drospirenone component, claiming it posed greater risks than other oral contraceptives.
The court held that the pleadings disclosed viable causes of action, that the proposed class and common issues were sufficiently defined, and that a class proceeding was the preferable procedure under the Class Proceedings Act, 1992.
Certification was granted with certain modifications to the class definition and litigation plan.
