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Offender sentenced to 30 months for historical sexual interference of a 12-year-old boy despite significant health issues.
The 68-year-old offender pled guilty to one count of sexual interference relating to historical offences committed in 1999 against a 12-year-old boy.
The Crown sought 30 to 36 months in custody, while the defence sought 9 to 12 months, citing the offender's significant health issues including a recent stroke and advanced Ankylosing Spondylitis.
Applying the principles from R. v. Friesen, the court emphasized denunciation and deterrence for sexual offences against children.
The court found that while the offender's health issues were a mitigating factor that reduced the sentence from what it otherwise would have been, a penitentiary term was still required.
The offender was sentenced to 30 months in custody.
Admission of liability during settlement negotiations does not estop reliance on an expired limitation period.
The appellant was injured in a motor vehicle accident.
The respondents' insurer admitted liability and made a settlement offer, but the appellant issued a statement of claim after the two-year limitation period had expired.
The appellant argued that the respondents were estopped from relying on the limitation period or had waived it due to their admission of liability and ongoing negotiations.
The Supreme Court of Canada dismissed the appeal, finding no evidence of a promise not to rely on the limitation period or any waiver by the respondents.
Appeal allowed and trial judgment restored denying fire insurance coverage due to fraudulent non-disclosure.
The appellant insurance company appealed a decision of the Manitoba Court of Appeal regarding a fire loss claim.
Coverage had been denied on the basis that the respondent insured failed to disclose the cancellation of an earlier policy for non-payment of premium and serious insurance fraud.
The Supreme Court of Canada allowed the appeal, agreeing with the dissenting reasons at the Court of Appeal, and restored the trial judgment dismissing the insured's action.
