Leach J.

The offender was convicted of sexual assault after posing as an Uber driver to lure an intoxicated young woman into his vehicle.

The court weighed the significant aggravating factors, including the breach of trust and premeditation, against mitigating factors such as the offender's lack of a prior record and the severe immigration consequences he faced as a refugee claimant.

The court sentenced the offender to 12 months of imprisonment, less credit for pre-sentence custody, followed by two years of probation.

The accused brought a pre-trial Charter application seeking to exclude evidence obtained during the execution of a search warrant at her residence.

She alleged violations of her s. 7 and s. 8 Charter rights, claiming police used excessive force during her arrest, improperly breached her door without knocking, and subjected her to humiliating strip searches both outside her residence and at the police station.

The court dismissed the application, finding the dynamic entry was justified by safety and evidence preservation concerns, the force used during arrest was proportionate and necessary, the outdoor search was a valid pat-down incident to arrest, and the strip search at the station was justified and conducted reasonably.

Commercial tenant sought a declaration that its lease remained in force after the landlord purported to terminate the lease for alleged non‑rental defaults involving use of areas outside the leased premises.

The court held that the landlord’s termination was invalid because the statutory notice under s.19(2) of the Commercial Tenancies Act was deficient, failed to require monetary compensation for the alleged breaches, and the landlord had waived reliance on the defaults by accepting rent after issuing the notice.

The alleged conduct was also largely condoned for years and was not sufficiently serious to justify forfeiture.

The lease therefore remained in effect and the tenant was entitled to damages for the wrongful lockout.

The quantification of damages was deferred to a later proceeding.

The plaintiff brought a motion for judgment against his uncle, the defendant, for damages arising from sexual abuse that occurred in 1975 when the plaintiff was 12 years old.

The defendant initially defended the action but later withdrew his statement of defence and was noted in default.

The court found the defendant liable for sexual abuse, assault, battery, and negligence, and concluded that the abuse caused the plaintiff's severe psychological trauma and loss of earning capacity.

The court awarded the plaintiff $95,000 in general and aggravated damages, $85,000 for loss of earning capacity, $10,250 for future care costs, and $30,000 in punitive damages, along with substantial indemnity costs.