Dr. Shahmalak

The defendants sought costs personally against the plaintiff's counsel following a mistrial.

The mistrial was declared due to the plaintiff's counsel's failure to disclose a conflict of interest involving her husband's medical assessment company, which retained the plaintiff's expert witnesses and significantly marked up their invoices.

The court found that the counsel's conduct frustrated and interfered with the administration of justice, noting her lack of candour and failure to adhere to representations previously made to the Law Society.

The court ordered the plaintiff's counsel to personally pay the costs of the mistrial.

The Children's Aid Society brought a child protection application regarding a 7-year-old child.

The court found the mother lacked credibility regarding her severe substance abuse issues, domestic violence instigation, and failure to comply with court orders, including driving while prohibited.

The court found the child to be in need of protection due to the risk of physical and emotional harm from the mother.

The child was ordered to remain in the care of the father for six months under CAS supervision, with the mother granted specified supervised access.

The offender was convicted of sexual assault and voyeurism against an intoxicated sleeping victim.

The Crown sought 18 months incarceration plus 2 years probation.

The defence sought 9 months incarceration.

The sentencing judge imposed 12 months incarceration followed by 2 years probation, with the voyeurism count running concurrently due to COVID-19 pandemic considerations.

The judge emphasized denunciation and deterrence as paramount sentencing principles given the offender's contemptuous disregard for the victim's lack of consent and the surreptitious recording of the assault.