Matthew Stanley

The defendant, Kelli Burke, brought a motion under Rule 60.12 of the Rules of Civil Procedure to dismiss the plaintiff's action due to the plaintiff, Tadesse Gebremariam, failing to serve a sworn affidavit of documents as ordered by Master Abrams in May 2021, and failing to serve a notice of appointment of lawyer as required by Associate Justice McAfee in September 2023.

The court found that the plaintiff had failed to comply with both interlocutory orders and provided no reasonable excuse.

Despite the extreme nature of dismissal, the court concluded that the plaintiff's conduct demonstrated a complete disregard for court procedures and orders, warranting dismissal of the action with costs.

The plaintiff, a trucking broker, sought summary judgment against two defendant carriers for damages arising from the theft of a poultry shipment, including the value of the goods and significant customs duties levied due to the theft occurring in Canada.

The defendants denied liability, citing lack of notice and unforeseeable damages.

The court dismissed the plaintiff's motion for summary judgment, finding that the factual matrix, including conflicting evidence on sub-brokering authorization, untested expert opinions, and unresolved issues regarding notice of claim under the Carriage of Goods Regulation, was not suitable for disposition under Rule 76 simplified procedure.

The matter was directed to proceed to trial.

This criminal trial concerns a sexual assault charge against J.G. involving the complainant, B.B., a nurse.

B.B. alleged J.G. intentionally touched her breast multiple times during a medical examination, while J.G. claimed a single inadvertent touch and suggested B.B. was flirtatious.

The court applied the R. v. W.(D.) credibility analysis, emphasizing that rejecting the accused's evidence does not automatically lead to conviction.

The judge found J.G.'s testimony manipulative and not credible, accepting B.B.'s consistent and reliable account.

The court concluded that the Crown proved beyond a reasonable doubt that J.G. intentionally touched B.B.'s breast, constituting sexual assault.

J.G. was convicted.

The accused was charged with three counts of sexual assault and one count of interference.

The accused sought production of records held by Family and Children's Services pursuant to section 278.3 of the Criminal Code.

The records contained notes from a social worker indicating concerns about the complainant's credibility, including references to a history of false allegations and questions about whether the complainant had a concerning imagination or was genuinely being repeatedly harmed.

The court determined whether to order production of the records to itself for review under the two-stage Mills procedure.

The defendant was convicted of careless driving and failing to report an accident where damage exceeded $1,000 under the Highway Traffic Act.

The collision occurred on a dark, rainy night when the defendant struck a cyclist on an unlit highway.

The defendant believed she had struck an animal, did not stop, and failed to report the accident to police.

The cyclist died from severe injuries sustained in the collision.

The court imposed a fine of $1,500, a one-month absolute driving suspension followed by a two-month limited driving suspension, and 15 months of probation with 120 hours of community service for the careless driving conviction.

For the failure to report, the court imposed the maximum fine of $500 and two years of probation.