Sarah Jane McRoberts Black

The plaintiff brought a motion for partial summary judgment seeking a determination that the commissioning stage of a contract for the design, manufacture and supply of aggregate processing equipment had been completed, thereby entitling it to payment of the final invoice.

The defendant opposed the motion and advanced a substantial counterclaim alleging negligence and breach of contract.

The court conducted a case management conference to triage the motion in accordance with the Malik v. Attia framework, which requires consideration of whether partial summary judgment would achieve proportionate, timely, and affordable justice.

The court declined to permit the partial summary judgment motion to proceed, finding that the issues were too intertwined and that determining the commissioning stage in isolation would not advance the litigation in an abbreviated fashion.

The accused, J.W., pleaded guilty to sexual assault, threatening death, and unlawful confinement of K.G. The court was tasked with sentencing, considering the Crown's request for 8-10 years and the Defence's request for 7.5 years.

The decision weighed aggravating factors, including the violent nature of the offences, the victim's vulnerability as an Aboriginal female, and the significant impact on her life and career.

Mitigating factors included the offender's Aboriginal status, mental health issues, and cognitive deficits, stemming from intergenerational trauma.

The court sentenced the offender to nine years imprisonment, granting 1.5:1 credit for time in detention centres and 1:1 credit for time spent in a more comfortable hospital environment, resulting in a balance of four years to be served in a federal institution.

Ancillary orders were also imposed.