Mr. Musters

In a professional discipline proceeding, the Tribunal found that the registrant used false identities to make repeated false accusations against a College employee, including allegations of anti-2SLGBTQIA+ bias and improper disclosure of confidential information.

The Tribunal admitted forensic IP-address expert evidence under the Mohan and White Burgess frameworks and relied on that evidence, together with the documentary record and the registrant’s non-participation, to conclude on a balance of probabilities that the accusations were fabricated by or at the direction of the registrant.

The conduct was found to contravene College standards, constitute disgraceful, dishonourable or unprofessional conduct, and amount to conduct unbecoming a member of the profession.

Given the ongoing misconduct, failure to comply with prior regulatory requirements, and failure to participate in the discipline process, the Tribunal found the registrant ungovernable, revoked his certificate of registration, and ordered costs.

The appellant appealed his convictions for possession, making available, and making child pornography, raising four grounds: unfair trial due to admission of child pornography, undermined defence, breach of s. 10(b) Charter rights regarding right to counsel, and breach of s. 8 Charter rights regarding a strip search.

The Court of Appeal dismissed the appeal on all grounds, finding that the trial judge properly balanced the probative value and prejudicial effect of the evidence, did not err in charging the jury, and correctly applied Charter principles regarding the right to counsel and the reasonableness of the strip search.

The defendant was charged with sexual assault, sexual interference (two counts), and showing sexually explicit images to a person under age 16, with offences dated between July 18-19, 2017.

The defendant brought a Charter section 11(b) application for a stay of proceedings due to delay.

The Crown proceeded by summary conviction.

The total delay from charge to trial was approximately two years.

The court found that while the defence was unavailable for January trial dates, those dates did not allow reasonable time for defence preparation given the need to retain an expert to analyze the defendant's cell phone.

The court determined that the defence pursuit of expert analysis was legitimate and that the Jordan clock did not stop in January.

All subsequent trial dates fell beyond the presumptive ceiling with no exceptional circumstances.

The court granted the stay of proceedings.

The applicant, Javoni Palma, facing a charge of possessing cocaine for the purpose of trafficking, brought three applications at the outset of his trial, alleging violations of his section 7 and section 9 Charter rights.

The applications sought exclusion of evidence or a stay of proceedings, based on claims of arbitrary detention, excessive force during arrest, and lost video evidence from seized iPhones.

The court dismissed all three applications, finding that the police had reasonable grounds for investigative detention, did not use excessive force, and that the alleged lost evidence was either irrelevant or not proven to have been tampered with by police.

The plaintiff, Catalyst Capital Group Inc., brought an action against Brandon Moyse and West Face Capital Inc. for alleged misuse of confidential information regarding WIND Mobile Inc. and spoliation of documents.

Catalyst claimed Moyse, a former analyst, provided confidential information to West Face, which West Face then used to acquire an interest in WIND.

The court assessed the evidence, including witness credibility, and found no direct evidence of information transfer.

The court also examined the elements of breach of confidence and spoliation.

The action was dismissed in its entirety, with the defendants entitled to costs.