M. Stewart is an Ontario lawyer with 3 court cases on record from 2012 to 2017.

What courts has M. Stewart appeared in?

M. Stewart has appeared in Superior Court of Justice.

How many cases has M. Stewart handled?

M. Stewart has 3 cases on record from 2012 to 2017.

What judges has M. Stewart appeared before?

M. Stewart has most frequently appeared before Justice Michelle K. Fuerst.

M. Stewart | Lawyer

3 total

R v Calderon, 2017 ONSC 36609

Fabricio Calderon was sentenced for a home invasion involving the assault of residents and intent to steal.

Despite going to the wrong address, serious injuries were inflicted.

The court considered the objectives of sentencing for home invasions (protection, general deterrence, denunciation) and specific deterrence given the defendant's extensive criminal record.

Aggravating factors included the nighttime perpetration, weapon use, reference to a gun, severe victim injuries, high planning, group enterprise, and the defendant's prior armed robbery conviction and lifetime weapons prohibition.

Mitigating factors were a guilty plea and an apology.

The court imposed an 8-year penitentiary term, reduced by 45 months for pre-sentencing custody, leaving 51 months to serve, concurrent on another count.

Non-communication, DNA, and lifetime weapons prohibition orders were also issued.

SCJApr 12, 2017

Applicant Counsel

CBS Canada Holdings Co. v. All Vision Canada Company et al., 2012 ONSC 50985

Following dismissal of a motion for interim injunctive relief, the court addressed costs.

The respondents sought partial indemnity costs and the applicant did not challenge the amounts claimed or the reasonableness of the time spent and hourly rates.

The applicant argued that costs should be in the cause, determined by the judge hearing the ultimate application, or that no costs should be ordered.

Applying Rule 57.03 of the Rules of Civil Procedure, the court held that costs of the motion should be fixed absent a more just order and found no basis to defer or decline a costs award.

Partial indemnity costs were awarded to each respondent.

SCJSep 12, 2012

Applicant Counsel

CBS Canada Holdings Co. v. All Vision Canada Company et al., 2012 ONSC 3679

The applicant sought an interim injunction and relief from forfeiture arising from the cancellation of billboard licence agreements on railway lands.

The respondents terminated the licences and demanded removal of approximately 240 billboard structures and payment of alleged rental arrears.

The court applied the three‑part test for interlocutory injunctions and found that although a serious issue existed regarding the parties’ conduct and contractual interpretation, the applicant failed to establish irreparable harm because any loss could be compensated by damages.

The balance of convenience did not favour either party.

Interim equitable relief was therefore inappropriate in what was fundamentally a monetary dispute.

Respondent Counsel