Maya Katharine Borooah

The accused was charged with multiple sexual offences relating to alleged conduct toward a young complainant while she stayed at his home during school holidays.

The court assessed credibility primarily through the W.(D.) framework, focusing on inconsistencies and corroborating details in the testimony of the complainant, the accused, and family members.

The court accepted the complainant’s evidence that the accused briefly touched her vagina under the pretext of applying ointment, establishing sexual assault and sexual interference beyond a reasonable doubt.

However, the court was left with reasonable doubt regarding other alleged sexual touching during a movie and regarding whether pornography shown to the complainant was intended to facilitate sexual exploitation.

The accused was convicted on two counts and acquitted on the remaining counts.

The offender was convicted of sexually abusing his stepdaughter between the ages of four and twelve.

The Crown sought a seven-year penitentiary sentence, while the defence sought a conditional sentence or reformatory term, citing the offender's mental health issues, lack of criminal record, and the historical nature of the offences.

Applying the principles from R. v. Friesen, the court emphasized denunciation and deterrence for sexual offences against children.

The court sentenced the offender to five years' imprisonment, balancing the profound harm caused to the victim against the offender's mental illness and rehabilitative efforts.

David Livingston, Chief of Staff to the Premier of Ontario, and Laura Miller, Deputy Chief of Staff for Communications and Strategy, were charged with Breach of Trust by a Public Official, Commit Mischief to Data, and Unauthorized Use of a Computer.

The Crown abandoned the Breach of Trust charge.

The defendants were accused of directing the wiping of twenty computers in the Office of the Premier during the transition from Premier McGuinty to Premier Wynne in early 2013, allegedly to destroy records responsive to Freedom of Information requests and potential Legislative Standing Committee Production Orders related to the controversial cancellation and relocation of the Oakville and Mississauga gas plants.

The Crown alleged the defendants obtained administrative rights through deception and hired an outside IT consultant to indiscriminately wipe hard drives.

The defendants claimed they sought only to delete personal information and Liberal Party documents from departing staff computers.

Justice Lipson found Livingston guilty on both remaining counts (Attempt to Commit Mischief to Data and Unauthorized Use of a Computer) but acquitted Miller due to insufficient evidence of her knowledge of Livingston's deceptive means in obtaining administrative rights.

The defendants, David Livingston and Laura Miller, pleaded not guilty to charges of breach of trust by a public official, mischief to data, and unauthorized use of a computer.

The Crown withdrew the breach of trust count at the close of its case.

The defendants brought a motion for a directed verdict of acquittal on the remaining two counts.

The court found that while the Crown failed to establish that actual data was destroyed, there was sufficient evidence that the defendants attempted to commit mischief to data without legal justification or colour of right.

The motion was allowed in part on the mischief to data count, which was reduced to attempt to commit mischief to data.

The motion was dismissed on the unauthorized use of a computer count.

The Crown sought to qualify Robert Gagnon, a retired OPP officer, as an expert in computer systems operation and forensic recovery of computer data.

The defence opposed qualification, arguing that Gagnon's extensive involvement in the police investigation and his expressed bias regarding the defendants' guilt disqualified him from providing independent and impartial expert evidence.

The court excluded Gagnon's evidence, finding that he had conflated the roles of expert and investigator, participated extensively in investigative strategy and team meetings, and demonstrated lack of independence and impartiality through his communications recommending charges and providing strategic legal advice to investigators.