Jessica Cheng

The accused, Paul Greenberg, was charged with dangerous operation of a motor vehicle after a collision on the Don Valley Parkway.

The Crown relied on dash-camera footage and police testimony, while the accused testified in his defence, claiming he was driving marginally above the speed limit and was cut off by another vehicle.

The court rejected the accused's characterization of his speed and driving, finding that he drove at an excessive speed, repeatedly overtook vehicles by changing lanes, and failed to adjust his driving despite the presence of another speeding vehicle.

The court concluded that his driving constituted a marked departure from the standard of a reasonably prudent driver and endangered the public, leading to a conviction.

The applicant, charged with dangerous driving, brought a Garofoli/Charter application to exclude evidence seized from his dash-camera and EDR, alleging a violation of s. 8 of the Charter.

The challenge focused on the facial and sub-facial validity of the search warrant.

The court found that while a dash-camera may attract a reasonable expectation of privacy, the warrant was validly issued based on sufficient grounds regarding the applicant's dangerous driving preceding the collision.

The court also found no material non-disclosure or bad faith by the police.

The application to exclude evidence was dismissed.

The accused, charged with dangerous driving, brought a motion seeking leave to cross-examine the affiant and sub-affiants of the Information to Obtain (ITO) a search warrant.

The warrant was used to seize and analyze dash cam and Event Data Recorder (EDR) data from his vehicle following a collision.

The accused intended to challenge the sub-facial validity of the warrant, alleging a violation of section 8 of the Charter due to material omissions and ambiguities in the ITO regarding the collision's circumstances, including the potential involvement of a third vehicle and the basis for inferring dangerous driving.

The court granted leave to cross-examine, finding a reasonable likelihood that such examination would elicit testimony tending to discredit the existence of reasonable and probable grounds for the warrant.

Dayne Sitladeen was found guilty of manslaughter in the shooting death of Blain Grindley.

The court considered aggravating factors including his extensive criminal record involving violence and firearms, his leadership role in the offence, and his flight to the United States where he continued criminal involvement.

Mitigating factors included some rehabilitative efforts in detention.

The court imposed a sentence of 13 years imprisonment, to be served consecutively to his unexpired U.S. sentence, along with a lifetime firearms prohibition and a DNA order.

The court emphasized denunciation and deterrence for firearm-related offences.

This was a ten-day judge-alone criminal trial where the defendant, D.F., faced 28 counts of physical and sexual assault against his former partner, C.L., alleged to have occurred between 2008 and 2020.

The defendant pleaded not guilty, asserting that the complainant fabricated the allegations in the context of a family law dispute, particularly after learning he had a new partner.

The court found the complainant's testimony to be neither credible nor reliable, citing numerous inconsistencies, contradictions, and the manipulation of text messages to falsely imply admissions from the defendant.

Conversely, the defendant's testimony was found credible and reliable.

The court dismissed all charges, concluding that the Crown had not proven the offences beyond a reasonable doubt, and explicitly stating belief in the defendant's account.