Jonathon Kappy

The Toronto-Dominion Bank (TD) sought court direction regarding whether Caroline Witoszkin, the Estate Trustee and sole residual beneficiary of Judith Jenkins' 2022 Will, had a fiduciary duty to notify beneficiaries named in Judith's prior 2008 Will.

TD argued for notice due to the unique circumstances, including Witoszkin's former professional relationship with Jenkins and alleged suspicious circumstances.

Witoszkin opposed, asserting no such duty.

The court dismissed TD's application, finding that the Estate Trustee of the current Will has no fiduciary obligation to beneficiaries of a prior Will, especially where the testator's intentions were clear and the solicitor confirmed no undue influence.

The appellant, Blaze Box, brought a motion before the Court of Appeal seeking an extension of time to perfect his appeal of a lower court order (the "Third Conway Order") that required him to vacate an estate property.

He also requested the release of estate documents, a process to mortgage the property to pay out his siblings' shares, and a stay of the Third Conway Order.

The court dismissed the motion, finding no reasonable explanation for the appellant's delay in perfecting the appeal and no meritorious grounds for the appeal itself, particularly as previous unappealed orders had struck his notice of objection to the will and directed the issuance of a certificate of appointment of estate trustee.

The court concluded that the appellant had no proprietary interest in the property and that his actions were delaying the estate's administration.

The accused was charged with possession of child pornography contrary to section 163.1(4) of the Criminal Code following the discovery of 148 images on USB devices seized from his residence.

The central issue was whether the material possessed constituted child pornography within the meaning of the Criminal Code.

The court found that the images, depicting prepubescent boys in sexualized poses while clothed or partially clothed, met the statutory definition of child pornography as they depicted sexual organs or anal regions as their dominant characteristic for a sexual purpose.

The accused was found guilty.

The accused pleaded guilty to trafficking crack cocaine involving the sale of 1.44 grams to an undercover officer for $120.

The Crown sought 90 days' intermittent imprisonment plus two years' probation, while the defence sought a suspended sentence.

The court imposed a suspended sentence with two years' probation, finding that significant mitigating circumstances, including the accused's status as a first-time offender, genuine remorse, positive rehabilitation efforts, and history of severe trauma, warranted a non-custodial approach.

The court found that collateral consequences of conviction and probation conditions adequately addressed principles of deterrence and denunciation.