M. Scott

The accused, Robert Cropearedwolf, pleaded guilty to manslaughter after an incident where he pushed an elderly man, Douglas Michael Finlay, who subsequently died due to complications from the fall exacerbated by pre-existing health conditions.

The court considered the low degree of force used, the accused's lack of intent to cause death or serious harm, his remorse, and significant Gladue factors stemming from a traumatic childhood in foster care and disconnection from his Indigenous heritage.

Aggravating factors included the victim's vulnerability, the random nature of the assault, and the accused's lengthy criminal record, though primarily for property offenses.

The court applied sentencing principles of denunciation, deterrence, and rehabilitation, emphasizing the need for restraint and the unique circumstances of Aboriginal offenders.

A sentence of 3 years (1095 days) was imposed, with credit for 498 days of pre-sentence custody, leaving 597 days (approx. 20 months) to be served, followed by 3 years of probation with conditions aimed at rehabilitation and community reintegration.

The accused, Daniel Gendron, was charged with sexual assault.

The Crown alleged that Gendron had sexual intercourse with the complainant, S.M., while she was incapacitated and unable to consent, possibly due to being drugged.

The court found S.M.'s testimony to be unreliable and inconsistent, particularly regarding the timing of text messages and her belief in her friend's psychic abilities.

Due to the lack of corroboration for the critical aspects of S.M.'s testimony, the Crown failed to prove beyond a reasonable doubt that S.M. was unconscious or incapable of consenting, or that she had withdrawn her consent.

The charge was dismissed.

The applicant sought leave under section 246 of the Business Corporations Act to commence a derivative action on behalf of a family corporation against his sons, who were directors and officers.

The applicant alleged the sons breached their fiduciary duties and misappropriated funds.

The court dismissed the application, finding that the applicant was not acting in good faith, as the application was primarily brought to gain a tactical advantage in ongoing matrimonial litigation and to remove one of the sons as a director.

Furthermore, the court found the proposed action was not in the best interests of the corporation, as the allegations of misappropriation appeared devoid of merit and other complaints were disproportionate or already addressed by a settlement agreement.

The accused was charged with manslaughter as a party to a stabbing death that occurred during a parking lot altercation.

The Crown argued the accused was liable under s. 21(1)(a) or s. 21(2) of the Criminal Code because he participated in a group assault during which another individual stabbed the victim.

The court found that the victim's group instigated the confrontation and that the stabber's use of a knife was an unforeseeable intervening act.

The accused was found not guilty.

The offender pleaded guilty to sexual assault after failing to disclose that he was likely infected with HSV-2 (genital herpes) before engaging in unprotected sexual intercourse with the complainant.

The complainant subsequently contracted the virus and suffered significant physical and emotional harm.

The court imposed a conditional discharge with one year of probation, including 80 hours of community service and a ten-year SOIRA order, rather than a custodial sentence or conviction.

The decision represents a "test case" on sentencing for sexual transmission of herpes through non-disclosure, with the court emphasizing the novel nature of the offence and the disproportionate immigration consequences that would follow a conviction.

The defendant was charged with sexual assault causing bodily harm and criminal negligence causing bodily harm arising from the alleged transmission of genital herpes (HSV-2) to the complainant.

The defendant brought a section 276 application seeking to adduce evidence of the complainant's prior sexual activity to support two defences: (1) that the defendant was not the source of the infection (causation), and (2) that the complainant would have consented to unprotected sexual activity even if informed of the defendant's positive viral status (negating fraud-based vitiation of consent).

The court granted the application in part, permitting limited cross-examination of the complainant regarding her sexual history within a defined timeframe and scope, while excluding evidence that would invoke the "twin myths" that prior sexual activity makes consent more likely or credibility less worthy.

The offenders were sentenced following a jury trial where Bengy was convicted of second degree murder and Modeste was convicted of manslaughter in relation to the stabbing death of Brandon Ramdeen.

Bengy, who stabbed the unarmed victim while he was overpowered, was sentenced to life imprisonment with no parole eligibility for 11 years.

Modeste, who participated in the group assault but did not stab the victim, was sentenced to 5 years imprisonment, with 49.5 months remaining after credit for pre-trial custody.