Dr. Sarah Schwartz

Nathaniel McLaughlin was charged with aggravated assault on a 13-month-old child, Khalaiya Ross.

The judge-alone trial heard evidence from police, EMS, Ms. Ross (the child's mother), and five medical specialists.

The medical evidence overwhelmingly indicated severe, non-accidental trauma inconsistent with the accused's account of an accidental fall.

The court found the accused's statements inconsistent and his alternative theories speculative.

The judge concluded that the injuries occurred while the child was in the accused's sole care, and found him guilty beyond a reasonable doubt.

The accused was charged with aggravated assault after her daughter suffered a severe laceration to her forehead.

The Crown's case was entirely circumstantial, alleging the accused intentionally injured the child out of frustration.

The accused testified the injury was an accident caused by a malfunctioning highchair.

Applying the principles from Villoroman and W.(D.), the court found that while the accused's testimony was not fully accepted, it left the court with a reasonable doubt.

The court concluded that the circumstantial evidence was reasonably capable of supporting an inference that the injury was accidental, resulting in an acquittal.

A temporary care and custody motion under Part III of the Child and Family Services Act concerning child N.H., whose twin sibling died from inflicted injuries.

The Children's Aid Society sought placement of the child with the paternal great-aunt subject to supervision.

The parents sought return of the child to their care or alternatively placement with the paternal uncle with parental residence in that home.

The court found credible and trustworthy evidence of inflicted trauma to both children and determined that the child could not be returned to parental care even with supervision.

The court ordered the child remain in the temporary care and custody of the paternal great-aunt with supervised access to the parents at the society's discretion.

The Children's Aid Society of Peel brought a summary judgment motion seeking protection findings for four children in the care of C.D. The motion addressed whether the children were in need of protection under the Child and Family Services Act.

The court found that K.B. suffered severe physical injuries while in C.D.'s exclusive care, including fractures, subdural hematomas, and genital injuries.

The court made protection findings under multiple subsections of s. 37(2) of the Act for all four children.

The other three children (M.M., A.B., and AA.B.) were found to be at risk of physical harm based on C.D.'s overwhelmed state and the serious injuries inflicted on K.B. The matter was adjourned for a disposition hearing.

At a preliminary inquiry into a charge of second-degree murder, the court determined whether sufficient evidence existed to commit the accused for trial.

The accused was charged with causing the death of a five-month-old infant through head injury while babysitting.

The Crown argued that medical evidence of severe brain injury, combined with evidence of animus and post-offence conduct, supported committal on second-degree murder.

The defence conceded sufficient evidence for manslaughter but argued the medical evidence alone was insufficient to establish the subjective intent required for murder.

The court found that a jury could reasonably infer from the medical evidence of severe repetitive mechanical assault, the ruling out of accident, evidence of animus, and post-offence conduct that the accused possessed the requisite subjective intent for second-degree murder.