Mental health

This decision addresses a motion to change child support and related orders for two adult children, DY and CZ.

The court finds that DY, despite being over 18 and not attending school full-time, remains a "child of the marriage" due to significant mental health challenges.

The court orders continued support and sets out a detailed framework for the release of RESP funds and the sharing of post-secondary and section 7 expenses.

The decision also addresses the parties' ongoing disclosure issues, the need for mediation before further litigation, and the cessation of child support for CZ upon completion of her first degree.

This costs endorsement addresses the Applicant's request for full indemnity costs following a successful urgent motion for exclusive possession of the matrimonial home.

The court reviews the relevant Family Law Rules regarding offers to settle and the factors for awarding costs, including the impact of the Respondent's mental health on her ability to respond to settlement offers.

Ultimately, the court awards partial indemnity costs, deferring payment to be set off against equalization or paid from the Respondent’s share of the matrimonial home.

The Children’s Aid Society of London and Middlesex sought orders for extended society care for two children, KP and KLP, on the basis of ongoing risk of physical harm due to the mother’s unaddressed mental health and substance abuse issues, lack of cooperation, and inconsistent parenting.

The court found the children in need of protection under the Child, Youth and Family Services Act, 2017, and ordered extended society care with supervised access to the mother and sibling access.

The decision details the evidence, credibility findings, and the legal framework for child protection, disposition, and access orders.

The court sentenced Neng Jia Jin for the first degree murder of Vanessa Kurpiewska and the attempted murder of Sulakshana Srijeyarah, both committed on December 8, 2022, on Toronto public transit.

Jin pleaded guilty, avoiding a lengthy trial.

The mandatory sentence of life imprisonment without parole eligibility for 25 years was imposed for murder, and 20 years’ imprisonment (concurrent) for attempted murder.

The court reviewed the facts, victim impact, aggravating and mitigating factors, and relevant sentencing principles, emphasizing the gravity of the offences, the profound impact on victims and the community, and the need for denunciation and deterrence.

The Ontario Court of Justice granted summary judgment in favour of the Children’s Aid Society of the Region of Peel, placing three children in extended society care due to chronic and long-standing child protection concerns including domestic violence, parental substance abuse, and mental health issues.

The court emphasized the children’s expressed wishes not to return to parental care, the lack of meaningful progress despite years of intervention, and the need for permanency and closure.

The decision carefully applied the Child, Youth and Family Services Act, 2017, and the principles from Hryniak v. Mauldin regarding summary judgment, underscoring the cautious approach required in child protection cases.

The court sentenced Jevor Brown for convictions including sexual assault with a weapon, sexual assault with another person, and forcible confinement.

The decision reviews the facts, the offender’s background, the parties’ sentencing positions, and the applicable sentencing principles.

The court considered aggravating and mitigating factors, including the seriousness of the offences, the offender’s mental health, and the impact of anti-Black racism.

The court imposed a sentence of six years, with credit for pre-sentence custody, and made ancillary orders including a weapons prohibition and SOIRA order.

The court considered whether A.O.'s post-arrest statement to police was voluntary, given his mental health history and evidence of psychosis.

After reviewing the circumstances of the arrest, A.O.'s mental state, and the content of the police interview, the court found that A.O. had the capacity to understand what he was saying and that his statement could be used against him.

The application to admit the statement was granted.

The court granted summary judgment in a child protection proceeding, finding the child, T.O., in need of protection and placing her in the deemed custody of her father, J.O., with supervised access to her mother, B.R. The decision reviews the history of parental conflict, the mother’s mental health and repeated unfounded allegations of sexual abuse, and the father’s progress in addressing his own issues.

The court found no genuine issue requiring a trial and concluded that the mother’s lack of insight and continued behaviour posed ongoing risk to the child.

The court accepted a joint submission on sentence for James Dobbs, who pled guilty to manslaughter, indignity to a body, and aggravated assault.

The sentence included 16 years for manslaughter, 3 years consecutive for indignity to a body, and 6 years consecutive for aggravated assault, for a total of 25 years less pre-sentence custody.

The court discussed the principles of denunciation, general and specific deterrence, and rehabilitation, and found the joint submission appropriate given the aggravating and mitigating factors, including Dobbs' criminal history and mental health issues.

The court sentenced Jordan James O’Brien-Tobin to life imprisonment with 18 years of parole ineligibility for the second degree murder of Gabriel Magalhaes, a 16-year-old stranger, at a Toronto subway station.

The decision details the aggravating and mitigating factors, including the random and brutal nature of the offence, the devastating impact on the victim’s family and community, the offender’s extensive criminal record, and his personal and mental health background.

The court found that the protection of society, denunciation, and deterrence required a period of parole ineligibility above the statutory minimum.

The court sentenced Douglas Bowley for arson and uttering threats, following a finding of guilt for setting fire to a house he rented and threatening the owners.

The decision reviews the facts, Bowley’s mental health and addiction history, the impact on the victims, and the applicable sentencing principles.

The court imposed a conditional sentence of 18 months for arson and concurrent 6-month sentences for uttering threats, followed by three years’ probation, emphasizing rehabilitation and the need for continued mental health support, rather than incarceration.

This endorsement addresses a motion by the applicant father, Jonathan Granda, for a temporary parenting order seeking equal parenting time on a 2-2-3 schedule.

The court reviews the parties’ caregiving history, the applicant’s mental health, allegations of family violence, and the child’s needs.

The court finds that the respondent, Brenna Duffey, was the primary caregiver and that the child requires stability, not increased transitions.

The motion is dismissed, and the existing interim parenting schedule remains in place.

The court sentenced Matthew Elias, who pleaded guilty to possession of child pornography, to a conditional sentence of two years less a day, followed by three years of probation.

The decision details the disturbing facts of the offence, Elias’s personal circumstances, and the aggravating and mitigating factors.

The court found that, despite the seriousness of the offence and the usual need for denunciation and deterrence, Elias’s significant mental health issues, genuine remorse, lack of criminal record, and severe collateral consequences justified a conditional sentence.

The decision applies recent appellate guidance on the range and principles for sentencing in child pornography cases.

The court sentenced Nathaniel Dillon for assault, sexual assault, and threatening, all committed against his then-girlfriend, ZK, on June 25, 2018.

The court found the complainant credible, with physical evidence corroborating her account.

The court considered Dillon’s significant mental health issues, including a history of psychosis and schizophrenia, as a mitigating factor, but not a major one.

The sentence imposed was three years’ imprisonment for sexual assault, with concurrent sentences for assault and threatening, and a recommendation for treatment in a specialized correctional facility.

The court also imposed ancillary orders, including probation, DNA, and weapons prohibitions.

The court considered an application by Kenneth Hill to stay his charges for delay under section 11(b) of the Charter, following his conviction for aggravated assault and related offences.

The application was dismissed.

The court found that the pre-verdict delay was attributable to the defence, as Mr. Hill failed to appear for his trial after being inadvertently released from custody.

The post-verdict delay, related to a long-term offender application, was found to be reasonable and largely an exceptional circumstance, with only a short period of undue delay that did not breach the Charter ceiling.

The offender, a Staff Sergeant with the Ontario Provincial Police, pleaded guilty to breaching the public trust under s. 122 of the Criminal Code for taking seized items (a beaded firearm strap and scope) and misleading colleagues for 11 months.

The items held significant sentimental and spiritual value for the Indigenous victim.

The defence sought a conditional discharge, citing the offender's public service, community support, and mental health struggles (PTSD and depression).

The Crown sought a suspended sentence and probation, arguing against a discharge.

The court denied the conditional discharge, emphasizing the need for denunciation and general deterrence in breach of trust cases involving police officers, particularly given the sustained deception and the impact on a vulnerable Indigenous victim.

A suspended sentence with 12 months probation and specific conditions was imposed.

A youth offender, H.K., was found guilty of failing to comply with a recognizance and sexual assault involving choking/suffocation.

The court considered a presentence report and psychological assessment detailing H.K.'s extensive history of mental health issues, childhood trauma, unstable living arrangements, and Indigenous ancestry.

Despite the Crown seeking custody and supervision, the court imposed a two-year probation order, a two-year weapons prohibition, and a DNA order.

The decision emphasized the unique and exceptional circumstances of the youth, including his diminished moral blameworthiness and intellectual difficulties, which influenced his lack of insight and remorse.

The court found that an extended period of probation, rather than custody, would best serve the rehabilitative and reintegrative principles of the Youth Criminal Justice Act.

Cody Rodgers pleaded guilty to aggravated sexual assault and being unlawfully in a dwelling-house with intent to commit an indictable offence.

The victim, Ms. A.C., was violently assaulted and sexually assaulted in her own apartment, suffering severe physical and psychological injuries.

The court considered aggravating factors including the brutal nature of the assault, the home invasion aspect, and the fact that the offender was on a release order for another sexual assault at the time.

Mitigating factors included his youth, early guilty plea, and rehabilitative efforts in custody.

The court also addressed Gladue principles and mental health/substance abuse as potential mitigating factors, ultimately finding limited applicability given the severity of the crime and lack of a direct causal link.

The judge imposed a sentence of 9 years' incarceration, which, after credit for pre-sentence custody (including adjustments for time served on another sentence and lockdown conditions), resulted in a net sentence of 5 years and 318 days, along with various ancillary orders.

This judgment concludes a four-day trial addressing child support and spousal support.

The court determined the applicant's income for support purposes, calculated child support under s. 9 of the Federal Child Support Guidelines, and assessed the respondent's entitlement to spousal support.

The court declined to impute additional income to the applicant from reimbursed business expenses, finding them legitimate.

For child support, the court ordered the applicant to pay a set-off amount plus an additional $100 per month to ensure similar standards of living for the children in both households, considering the income disparity and the respondent's higher housing costs.

The respondent's claim for spousal support, both compensatory and non-compensatory, was dismissed, as the court found no economic sacrifices made by him during the marriage and that his mental health did not impede his ability to work.

The defendant, Daniel Reza, was convicted of six offences including assault, assault with a weapon, multiple sexual assaults (some involving penetration while the victim was asleep or incapacitated by marijuana), and threatening to kill the victim's father.

The offences occurred within a domestic relationship.

The court considered aggravating factors such as the domestic context, repeated manipulation, the victim's vulnerability (asleep), use of an object, and lasting impact on the victim.

Mitigating factors included the defendant's youth, lack of criminal record, and mental health/addiction issues.

The Crown sought a six-year custodial sentence, while the defence proposed two years.

The court imposed a global custodial sentence of 4.5 years, emphasizing denunciation and deterrence, and issued ancillary orders including a no-contact order, DNA order, SOIRA order, and s. 109 order.