H. Mann

This sentencing decision addresses the conviction of David Grant for two counts of uttering death threats and one count of causing a disturbance on a TTC bus, motivated by bias against young Muslim women.

The court found the offences were hate-motivated, emphasizing the aggravating factors of targeting vulnerable victims and the significant emotional harm caused.

The judge imposed a conditional sentence order with house arrest and probation, balancing the offender’s rehabilitative prospects and the need for denunciation and deterrence.

The decision highlights the importance of sentencing that reflects societal values against hate crimes and the rise of such offences in recent years.

Yaqub Jama was charged with impaired driving and driving with excess alcohol.

He argued that the Crown failed to prove he was the driver and that his Charter rights (ss. 8, 9, 10(b)) were violated, seeking exclusion of evidence.

The court found the Crown proved identity and impairment beyond a reasonable doubt, and that no Charter rights were infringed.

The court dismissed the Charter application and found Mr. Jama guilty of both charges, staying the impaired driving charge under the Kienapple principle.

This action arose from a real estate transaction oversight where the Mundenchiras inadvertently received title to both halves of a subdivided property instead of just the one they purchased.

The Mundenchiras, as plaintiffs by cross-claim, sued their lawyer, Mr. Suvendu Goswami, for negligence and sought substantial damages for business losses, property value reduction, carrying costs, and mental distress.

The court found that Mr. Goswami breached his duty of care by failing to ensure good marketable title.

However, most of the Mundenchiras' damage claims were dismissed as not reasonably foreseeable or factually unproven, particularly those related to speculative secondary transactions.

The court only awarded a refund of a $5,000 retainer paid to Mr. Goswami to rectify the title error.