Civil Litigation - Plaintiff - OCJ

The accused, Jing Wen Shi, was charged with failing to provide the necessities of life to her newborn baby, contrary to section 215(2)(a)(ii) of the Criminal Code, after giving birth alone at home.

The Crown alleged she knew of the pregnancy and purposely neglected the baby.

The defence argued she was unaware of the pregnancy until labour and was physically incapacitated by shock and blood loss.

The court found reasonable doubt regarding her prior knowledge of pregnancy and her physical capacity to act, concluding that her actions did not amount to a marked departure from the standard of care of a reasonably prudent parent in the circumstances.

The accused was found not guilty.

The applicant, the mother of a deceased young person, applied for access to police records relating to her son under the Youth Criminal Justice Act (YCJA).

The records were sought for use in a civil lawsuit against the police regarding the circumstances of the young person's death following a police pursuit.

The court found that the materials constituted records under the YCJA, waived the notice requirement because the young person was deceased, and granted access, finding the applicant had a valid and substantial interest and access was necessary for the proper administration of justice.

Strict conditions were imposed on the use and disclosure of the records.

This decision addresses an ex parte application for a restraining order under s. 4 of the Prevention of and Remedies for Human Trafficking Act, 2017, seeking to compel the respondent to stay away from the victim and destroy intimate images.

The court, noting this was the first such application in the Oshawa courthouse, provided reasons for its decision.

Despite finding the applicant's evidence compelling for an ex parte order, the application was deficient in form, particularly regarding publication bans and service details.

The court granted an interim 30-day restraining order instead of the requested 3-year order, allowing the applicant to rectify deficiencies and the respondent an opportunity to participate after service.

The applicants in the main proceeding sought access to youth criminal records related to a sexual assault investigation for use in a civil action.

The Attorney General and the Chief of Police brought a preliminary motion seeking release of the records to them to determine if other young persons, such as witnesses or victims, should be given notice of the application due to privacy interests.

The court dismissed the motion, holding that the Youth Criminal Justice Act's statutory scheme for access to records does not require notice to witnesses, and the court cannot effectively amend the legislation to create a new notice provision.

The applicant, as litigation guardian for two minor children, sought disclosure of records held by the Crown and Ontario Provincial Police relating to the investigation and prosecution of a young person under the Youth Criminal Justice Act.

The applicant sought these records to support a civil negligence action against the Children's Aid Society.

The court granted partial access to records relating to charges to which the young person pleaded guilty and charges that were withdrawn, while denying access to records relating to allegations where no charges were laid.

The court applied the statutory tests under sections 119 and 123 of the YCJA, balancing the applicant's need for disclosure against the privacy protections afforded to young persons.

The applicant, a property owner, sought access to youth criminal justice records of seven young persons charged in connection with a house fire that destroyed his property.

The applicant sought the records to support his civil lawsuit against the youth and various organizations.

The youth respondents opposed disclosure.

The court granted partial access to police records and the Crown brief for use solely in the civil proceedings, subject to strict confidentiality conditions and identification by initials only.

The applicant, a youth worker injured during an incident with a young person in care, sought access to the pre-sentence report of the young person who was subsequently charged with assault.

The applicant was pursuing a negligence action against the youth residential services facility.

The court granted limited access to the pre-sentence report under section 119(1)(s) of the Youth Criminal Justice Act, balancing the applicant's valid interest in the information for civil litigation purposes against the strong privacy protections afforded to young persons under the Act.

Access was restricted to exclude information derived from child protection files and mental health assessments, with strict confidentiality conditions imposed.

Following the dismissal of an appeal regarding a municipal election compliance audit, the added parties (the candidates) sought costs against the appellant.

The court rejected the appellant's argument that she was a public interest litigant immune from costs, finding she continued to pursue abandoned and technical allegations on appeal.

The court awarded costs on a partial indemnity basis, fixing them at $12,600 for the three represented candidates and $1,000 for the self-represented candidate.