Dr. Scott M. Woodside

The court considered whether Aviva Insurance Company of Canada was required to defend or indemnify Udo Haan under a homeowner’s policy after Haan, found not criminally responsible for killing his wife and causing an explosion that damaged neighbouring homes, was sued by neighbours.

The court found that Haan’s actions were both intentional and criminal, triggering the policy’s exclusion clause.

As a result, Aviva had no duty to defend or indemnify Haan in the civil actions brought by his neighbours.

The accused pleaded guilty to two counts of possessing child pornography contrary to s. 163.1(4) of the Criminal Code.

The offences occurred on July 18, 2012 at his workplace and September 11, 2012 at his residence.

A forensic psychiatric assessment revealed the accused had pedohebephilia and was assessed as low risk for hands-on sexual offending but low-moderate risk for further child pornography offending.

The court imposed an 18-month concurrent jail sentence, three years probation with strict conditions including prohibition on contact with minors, a lifetime s. 161 prohibition order, lifetime weapons prohibition, lifetime SOIRA registration, and a primary DNA order.

The court emphasized the principles of denunciation and general deterrence in sentencing for child pornography offences.

The offender pleaded guilty to aggravated assault and several firearm offences after shooting a man in the neck following a birthday party and pointing the gun at the victim's girlfriend.

The Crown sought a 10-year sentence, while the offender sought 6 to 7 years.

The court imposed a global sentence of 10 years, emphasizing denunciation and deterrence for unprovoked gun violence in a public place.

The court granted enhanced pre-trial custody credit of 1.5 to 1 due to harsh jail conditions and the offender's early intention to plead guilty, resulting in a net sentence of 7 years.