J. Lockyer

The moving party brought a motion under Rule 60.11(8) of the Rules of Civil Procedure to vary the sentences imposed on him for contempt of court, which originally totaled 18 to 21 months.

The court found that the moving party had purged his contempt regarding one order by completing an examination in aid of execution, and had made good faith efforts to pay a settlement amount, paying $472,000.

Acknowledging these changed circumstances, the court reduced the sentences for several breaches, resulting in a new global consecutive sentence of 14 months imprisonment.

A young person convicted of first‑degree murder for causing the death of a police officer while fleeing a traffic stop was sentenced under the Youth Criminal Justice Act.

The accused, who was 15 at the time of the offence, survived the crash but was rendered a quadriplegic with profound lifelong medical needs.

The Crown sought the maximum youth sentence of 10 years with five years of open custody followed by four years of community supervision.

The court found the offender’s catastrophic disability, lack of prior record, demonstrated remorse, and low risk to reoffend constituted exceptional circumstances.

The judge concluded that incarceration would not meaningfully enhance accountability and that the correctional system had not demonstrated an ability to meet the offender’s extensive medical needs.

A one‑day custody component with credit for pre‑trial custody and a nine‑year conditional supervision order was imposed.

The appellant appealed his convictions for sexual assault, sexual interference, and uttering a threat against his step-daughter, as well as his 5-month sentence.

He argued the trial judge erred in dismissing an application to reopen the trial to admit fresh evidence regarding taxi records, misapprehended evidence, and erred in principle on sentencing.

The Superior Court of Justice dismissed the appeal, finding the trial judge applied the correct test for fresh evidence, made credibility findings supported by the record, and imposed a fit sentence given the aggravating factors, including the vulnerability of the victim and the breach of trust.