J. Patrick Brown

The accused was convicted of six offences arising from a home invasion robbery committed with a co-accused, including robbery while armed with a shotgun, forcible confinement, possessing a firearm while prohibited, and using a firearm while committing an indictable offence.

The accused also was convicted of uttering threats to a corrections officer while in custody.

The accused pleaded guilty to all charges and accepted responsibility.

The sentencing court imposed a 49-month federal penitentiary sentence on the main charges and a concurrent five-month jail sentence on the threatening charge, with a lifetime firearms prohibition and DNA order.

The court applied Gladue principles and granted enhanced pre-sentence custody credit at a 1.5:1 ratio.

The applicant sought judicial review of an appeal order of the Director's Delegate, arguing that the Delegate erred in relying on obiter comments from the Court of Appeal's decision in Liberty Mutual v. Fernandes regarding an insurer's ability to access the dispute resolution process to challenge a CAT DAC decision.

The Divisional Court dismissed the application, finding that the Court of Appeal's comments in Fernandes were an integral part of its decision and constituted binding authority.

The court concluded that the Director's Delegate's decision was reasonable.

The appellant appealed a trial judgment dismissing his claims in contract and negligence against the City of Toronto and its officials.

The Court of Appeal found no reversible error, deferring to the trial judge's findings that no contract was formed and that there was no negligence on the part of the City's officials.

The appeal was dismissed with costs.