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Military veteran discharged on domestic assault convictions due to exceptional service-related mitigation.
Sentencing of a military veteran found guilty of three counts of assaulting his ex-wife on separate occasions in 2020 and 2022, and one count of mischief.
The court found that the accused's 20 years of Canadian Forces service, including multiple combat deployments to Iraq and Afghanistan as a Special Forces member, his documented traumatic brain injuries and PTSD, and the significant collateral consequences of a conviction on his military career and veteran benefits, constituted exceptional mitigating circumstances.
The court held that the accused's moral responsibility was lessened by service-related concussions and PTSD.
Despite the seriousness of intimate partner violence and the predominance of denunciation and deterrence in such cases, the court granted a conditional discharge with 18 months of probation, finding that a custodial sentence was unnecessary in these unusual circumstances.
Director's decision upheld; fair value of business acquisition must be determined by discounting future payment obligations.
Dimethaid Research Inc. requested a hearing and review of the Director's decision objecting to the use of prospectus and registration exemptions for a proposed rights offering.
The Director objected because Dimethaid's annual financial statements did not comply with Canadian GAAP, specifically regarding the valuation of the consideration owing for the acquisition of Oxo Chemie AG.
Dimethaid argued that discounting equity was not required by Canadian GAAP and would be confusing.
The Ontario Securities Commission upheld the Director's decision, finding that the transaction was a business combination to be recorded at fair value, and that applying a proper discount to the non-interest bearing future payment obligations was the most appropriate method to determine fair value.