Matthew Hodgson

A township sought a permanent injunction restraining the respondents from depositing fill on their property without a permit under the municipal fill by-law.

The respondents brought a counterapplication seeking a declaration that the by-law was invalid, or alternatively that they had complied with the permit requirements and a fill permit should issue.

The court found the by-law valid but held that the township acted ultra vires by requiring the applicant to verify aviation safety standards that fall within exclusive federal jurisdiction over aeronautics.

The court ordered the township to forthwith issue the fill permit and dismissed the township's injunction application.

Bryan Chukwunweike Okonta pleaded guilty to trafficking cocaine, trafficking methamphetamine, and possessing proceeds of crime over $5,000.

The court considered aggravating factors, including the substantial quantity of drugs and financial gain, and mitigating factors such as his lack of criminal record, employment history, guilty plea, strong family and community support, and good rehabilitation prospects.

The defence sought a sentence of 2 to 2.5 years, while the Crown sought 4 to 5 years.

The court imposed a concurrent sentence of three years imprisonment for the trafficking counts and one year for possession of proceeds of crime, along with a 10-year firearms prohibition, a DNA order, and forfeiture of $10,000.

The judge balanced denunciation and deterrence with the offender's personal circumstances and rehabilitation potential.