Lesley Evelyn Burke

The Respondent Mother moved to set aside the financial terms of a separation agreement, alleging unconscionable circumstances, lack of financial disclosure, material misrepresentation of income, and undue pressure by the Applicant Father.

The Applicant Father resisted, arguing the agreement was valid and enforceable.

The court found that the Respondent Mother had, with the assistance of experienced counsel, bargained away her right to financial disclosure and failed to establish unconscionability or exploitation of vulnerabilities.

The motion was dismissed.

Following a police investigation into a single-vehicle car accident where two firearms were discovered, three accused were charged with multiple firearms-related offences and breaches of court orders.

At the preliminary inquiry, the Crown presented evidence of a dark gray Mazda 3 that crashed while traveling at excessive speed.

Three males exited the vehicle and fled the scene.

Two of the males were apprehended shortly thereafter near a ravine.

The court examined whether there was sufficient evidence to commit the accused to trial on the basis of identity and possession of the firearms.

The court found sufficient circumstantial evidence to commit Williamson and Malcolm-Evans to trial on multiple counts, but discharged Lyttle due to insufficient evidence of his presence in the vehicle.

The accused pleaded guilty to sexual assault and robbery.

The victim was a stranger whom the accused contacted by phone and met at a subway station.

In a stairwell, the accused used threats and force to attempt sexual intercourse with the victim, and subsequently stole her cell phone.

The court imposed a sentence of 20 months in custody less credit for pre-sentence custody, plus three years probation, along with ancillary orders including a SOIRA order for 20 years and a weapons prohibition for 10 years.

The court balanced aggravating factors including the use of threats, the compounding robbery, and high risk for sexual recidivism against mitigating factors including the guilty plea, youthful first offender status, and family support.