Michael J. O'Shaughnessy

The accused was found guilty of manslaughter for failing to provide the necessaries of life to his severely disabled brother, who died of starvation, pneumonia, and infected bedsores after eight years of extreme neglect and financial exploitation.

The court found the accused's moral culpability to be exceptionally high, characterizing the offence as a 'near murder' due to the prolonged, deliberate, and horrific nature of the abuse.

The accused was sentenced to 20 years' imprisonment, with a 1:1 credit for pre-sentence custody, as the court declined to grant enhanced credit.

The respondent was charged with offences under the Ontario Water Resources Act.

During the trial, the respondent sought disclosure of a binder of documents held by a third party (the City).

The trial justice of the peace refused the application, stating the respondent must bring an O'Connor application.

The respondent then brought an application for prohibition to the Superior Court, which granted a stay of proceedings due to a breach of the right to a fair trial.

The Crown appealed.

The Court of Appeal allowed the appeal, holding that the trial court committed no jurisdictional error warranting mid-trial intervention by a superior court, and that a stay of proceedings was a disproportionate remedy.