13 total
Child complainant's evidence proved both sexual offences beyond a reasonable doubt.
Following a judge-alone criminal trial subject to a publication ban, the court convicted the accused of sexual assault and sexual touching of his child.
The court admitted the complainant's videotaped police statement under s. 715.1(1) of the Criminal Code, addressed delayed and incremental disclosure principles, and applied the W. (D.) framework to the accused's denials.
The trial judge found the accused's evidence contrived and unbelievable, and found the complainant to be credible, compelling, and reliable despite inconsistencies on collateral details.
The Crown proved both offences beyond a reasonable doubt.
Similar fact evidence admitted; historical child sexual abuse charges proven beyond reasonable doubt.
The accused was tried on historical sexual offence charges involving a child complainant, together with related breach of probation counts.
The court admitted similar fact evidence arising from the accused's prior guilty plea involving highly distinctive misconduct with another young girl, holding that the Crown disproved allegations of conscious or unconscious collusion on a balance of probabilities.
Applying the W. (D.) framework, the court rejected the accused's blanket denial, accepted the complainant's detailed evidence as credible and reliable despite delayed and incremental disclosure, and found the Crown proved guilt beyond a reasonable doubt.
Convictions were entered on all counts in the indictment.
Accused sentenced to 6 years for sexually assaulting a developmentally delayed neighbour.
The accused was convicted by a jury of sexually assaulting his neighbour, a 34-year-old woman with the cognitive capacity of a 5 to 9-year-old.
The Crown sought an 8-year sentence, while the defence proposed 3 to 5 years.
The court found the accused exploited a trust-like relationship and caused profound, life-altering harm to the vulnerable victim.
Emphasizing denunciation and deterrence, the court sentenced the accused to 6 years' imprisonment.
Historic sexual interference against multiple children warranted an 11-year penitentiary sentence.
Sentencing for four convictions of sexual interference arising from prolonged sexual abuse of multiple child complainants, primarily nieces of the offender, over many years.
The court held that denunciation and deterrence were the dominant sentencing principles under the Criminal Code for sexual offences against children, and treated the victims' ages, the offender's position of trust, the duration and repetitiveness of the abuse, grooming, and the profound victim impact as major aggravating factors.
After staying related sexual assault counts under the Kienapple principle, the court imposed consecutive penitentiary terms subject to the totality principle.
The global sentence was reduced to 11 years, with multiple ancillary protective orders.
Court resolves calculation of spousal support arrears, setting net amount at $666,000 and dismissing RRSP claim.
In additional reasons following a family law trial, the court resolved four outstanding issues regarding spousal support arrears.
The court confirmed the adjusted support commenced on the date of the application, accepted the parties' agreement on pre-judgment interest, and determined the net after-tax spousal support owing was $666,000 by factoring in the tax deductions for legal fees actually utilized by the applicant.
The court dismissed the applicant's claim for lost RRSP savings as speculative and not advanced at trial.
Late-disclosed bank records regarding section 7 expenses excluded at trial to prevent trial by ambush.
At the commencement of a family law trial, the respondent father sought to introduce bank records as proof of his payment of section 7 expenses.
The records had not been previously disclosed, despite a prior court order requiring their production within 60 days.
The court refused to admit the documents, finding that their late disclosure amounted to trial by ambush, prejudiced the applicant mother's trial preparation, and formed part of a pattern of non-disclosure by the respondent.
Indefinite spousal support awarded including post-separation income increases; respondent penalized for spoliation and civil contempt.
Following a 22-year marriage, the applicant sought spousal support, retroactive child support, and remedies for spoliation of evidence and civil contempt.
The court found the applicant entitled to spousal support on both compensatory and non-compensatory grounds, refusing to impute full-time income to her.
The court included the respondent's significant post-separation income increases in the support calculation, ordering indefinite spousal support of $16,734 per month.
The court also ordered a retroactive adjustment for child and spousal support.
Furthermore, the court drew an adverse inference against the respondent for intentionally destroying business records (spoliation) and found him in civil contempt for selling a property in breach of a court order, imposing a $10,000 penalty.
Wrongful dismissal action dismissed; employer had just cause due to serious production errors and dishonesty.
The plaintiff, a production supervisor with 19 years of service, brought an action for wrongful dismissal after being terminated for cause.
The employer alleged that 1500 defective camshafts were produced on the plaintiff's shift, and that the plaintiff was dishonest during the subsequent investigation.
The court found on a balance of probabilities that the defective parts were indeed produced on the plaintiff's shift and that the plaintiff lied about his involvement.
Applying the McKinley test, the court held that the plaintiff's failure to properly supervise the line, combined with his dishonesty and prior disciplinary record, constituted serious misconduct that struck at the heart of the employment relationship.
The action was dismissed.
Eight‑year penitentiary sentence imposed for historical sexual abuse of multiple children.
The offender was sentenced following convictions for historical sexual offences against three complainants who were between eleven and thirteen years old at the time of the abuse.
The offences involved acts including gross indecency, sexual assault, and sexual touching for a sexual purpose, committed while the offender occupied positions of trust such as a hockey coach, mentor, and neighbour.
The court emphasized denunciation and deterrence under ss. 718, 718.01, and 718.2(a)(iii) of the Criminal Code, given the prolonged abuse, breach of trust, and lasting harm to the victims.
Although the offender had no prior criminal record and positive character evidence, these factors carried limited mitigating weight in light of the gravity of the offences.
A global sentence of eight years’ imprisonment was imposed, with credit for pre‑trial custody and restrictive bail conditions.
Father awarded sole custody in high-conflict dispute; mother granted interim access and ordered to pay child support.
The applicant mother and respondent father separated after a long-term relationship.
The father had primary care of their two children for over five years.
The mother sought sole custody, relocation of the children, and spousal support, while the father sought sole custody, child support arrears, and equalization.
The court upheld the spousal support waiver in the marriage contract, finding no unconscionable circumstances.
The court awarded sole custody to the father, finding it in the children's best interests to maintain the status quo, but granted the mother interim specified access to re-establish her relationship with the children.
The mother was also ordered to pay an equalization payment, retroactive child support, and ongoing child support based on her current income.
Municipalities found fully liable for a motor vehicle accident caused by a snow plough operator's unreasonable winter road maintenance.
The plaintiff suffered catastrophic injuries in a head-on motor vehicle collision on an icy municipal road.
The plaintiff sued the municipalities responsible for winter road maintenance.
The court found that the municipal snow plough operator created the icy conditions by applying a sand/salt mixture that caused a re-freeze, and then failed to return within a reasonable time to treat the resulting ice.
The court held that the Minimum Maintenance Standards did not shield the municipalities because the standards do not cover situations where the municipality creates the hazard.
The municipalities were found fully liable for the agreed damages of $1,912,176.96, with no contributory negligence on the part of the plaintiff.
Appeal dismissed; Small Claims Court properly ordered return of deposit after landlord breached fundamental lease term.
The appellant appealed a Small Claims Court decision ordering him to return an $850 deposit to the respondent.
The parties had negotiated a lease for a basement apartment, which the respondent argued included exclusive use of the laundry room.
When the appellant decided to alter the laundry room access, the respondent refused to move in and demanded her deposit back.
The Divisional Court dismissed the appeal, finding no palpable or overriding error in the Deputy Judge's conclusion that the appellant breached a fundamental term of the agreement.
The court also held that the Small Claims Court had jurisdiction to determine whether a tenancy agreement was concluded, and that the Deputy Judge's interventions during the trial did not amount to a reversible error.
Appeal granted; trial judge erred by ignoring clear terms of a vehicle lease guarantee.
The appellant appealed a Small Claims Court decision regarding the seizure of a leased vehicle.
The respondent had signed a personal guarantee for a corporate automobile lease covering multiple vehicles.
The trial judge found in favour of the respondent, imposing an implied obligation on the appellant to provide notice before seizing the vehicle.
On appeal, the Divisional Court held that the trial judge erred by ignoring the clear and unambiguous terms of the guarantee and considering the respondent's subjective intentions.
The appeal was granted and the trial decision was overturned.
