W. Gilmour

The accused applied for a stay of proceedings under s. 11(b) of the Charter following his conviction for sexual assault at a second trial.

The first trial ended in a mistrial declared by the judge due to scheduling issues.

The court found that the net delay exceeded the 30-month presumptive ceiling under the Jordan framework.

While the mistrial was an exceptional circumstance, the subsequent 9.5-month delay to schedule the second trial was largely systemic and unreasonable.

The court also found the accused suffered specific prejudice due to the delay.

The application was granted and a stay of proceedings was ordered.

The plaintiff brought an urgent motion for injunctive relief to prevent the defendant, who is incapable of instructing counsel and whose financial matters are managed by her sons as powers of attorney, from dissipating her assets and becoming unable to satisfy a potential judgment for failing to close a real estate purchase.

The court found a real concern regarding the dissipation of assets and granted the injunction, ordering the net sale proceeds of the defendant's properties to be paid into court.

The court also appointed the Public Guardian and Trustee as litigation guardian for the defendant due to a potential conflict of interest with her sons.

The offender was found guilty of trading without registration, failing to file a prospectus, and fraud under the Ontario Securities Act.

He operated two companies that fraudulently took over $5 million from investors under the guise of mortgage investments, diverting at least $2 million for personal use.

The court weighed the significant aggravating factors, including the devastating financial impact on over 70 victims, against mitigating factors such as the offender's age, prior good character, and health issues.

The offender was sentenced to 3.5 years in prison and ordered to pay $4,859,552.58 in restitution.