Ben Brillantes

Judge-alone first degree murder trial arising from an execution-style shooting captured on surveillance video.

The Crown relied on circumstantial identification evidence including post-offence vehicle tracking, cellphone location records, recognition evidence from a probation officer, and items seized under warrant from one accused's residence.

The court admitted the recognition evidence under the prior acquaintance/better position test, upheld the search warrant, and rejected defence photogrammetry evidence as unreliable despite admitting it.

The alternate suspect theory was also rejected.

Both accused were found guilty of first degree murder.

The plaintiff, a 61-year-old finance manager with nine months of service, was terminated without cause.

He brought a motion for summary judgment to determine the appropriate period of reasonable notice.

The court applied the Bardal factors, noting the plaintiff's short service, performance-based compensation, and the robust job market prior to the COVID-19 pandemic.

The court held that the pandemic, being a subsequent event, should not impact the notice period calculation and awarded two months' reasonable notice.

The plaintiff, a 61-year-old commission salesperson with 19.5 months of service, was terminated without cause shortly before the COVID-19 pandemic.

He brought a motion seeking 10 months of reasonable notice, while the defendant employer argued for two months.

The court assessed the relevant factors, noting the plaintiff's short tenure, non-managerial role, and the lack of evidence that his age or the pandemic significantly hindered his job search during the applicable notice period.

The court awarded a reasonable notice period of 2.5 months.