3 total
Partial indemnity costs reduced due to shared success and by-law ambiguity.
Decision on costs following a municipal dispute in which the respondent municipality had largely succeeded but the applicants achieved limited success on one billing issue.
The court held the success was shared and accepted that ambiguity in the municipal by-law, including the undefined term for a dwelling unit and an erroneous French equivalent, contributed to the need for judicial interpretation.
Applying the relevant costs factors, the court declined to award the full amount claimed and instead fixed costs at 2,000 $ plus HST on a partial indemnity basis.
Municipal treasurer sentenced to jail for long‑term breach‑of‑trust fraud.
Sentencing following guilty pleas to breach of trust by a public officer and fraud over $5,000 arising from a municipal treasurer’s misappropriation of public funds.
Over a six‑year period the offender diverted more than $113,000 in cash payments received from residents for municipal taxes, permits, and other services.
The court considered significant aggravating factors including prolonged conduct, abuse of a position of trust, and the impact on municipal employees and taxpayers.
Mitigating factors included the offender’s guilty plea, lack of criminal record, cooperation with investigators, and gambling addiction.
Emphasizing denunciation and general deterrence in large‑scale breach‑of‑trust frauds, the court imposed a custodial sentence with probation and restitution.
Appeal from conviction and sentence for breach of probation dismissed; immediate commencement of treatment was required.
The appellant appealed his conviction and 12-month sentence for breach of probation.
The probation order required him to complete a seven-month residential treatment program.
He checked into the facility on the day of sentencing but left the next day and never returned.
The appellant argued he had the entire 18-month probation period to complete the program.
The Court of Appeal dismissed the appeal, finding the trial judge reasonably interpreted the condition as requiring immediate commencement, consistent with the joint submission at sentencing.
The 12-month sentence was upheld due to the appellant's history of disregarding court orders.
