Court of Appeal

The appellant, Seyed Amir Yaghoubi-Araghi, appealed his convictions and sentence for firearm and drug offences following a R.I.D.E. stop, police pursuit, and search that uncovered a handgun and methamphetamine.

He argued that the trial judge erred in failing to exclude the evidence due to breaches of his rights under section 10(b) of the Charter.

The Court of Appeal found that while the trial judge properly recognized the seriousness of the Charter breaches, the evidence was lawfully obtained and the balancing of factors under R. v. Grant did not warrant exclusion.

The conviction and sentence appeals were dismissed.

The Court of Appeal for Ontario considered whether a medical office building in Toronto was held as an asset of a partnership or as a tenancy in common.

The appellants, majority owners, sought a declaration of partnership and related relief, while the respondents argued for a sale under the Partition Act.

The Court upheld the motion judge’s finding that no partnership existed, but found error in the order dispensing with the appellants’ consent to the sale of the property.

The Court directed a reference to an associate judge for the sale and denied leave to appeal the costs order.

The Court of Appeal for Ontario allowed Ernest Clayton’s appeal from a Review Board disposition finding him unfit and “permanently unfit” to stand trial.

The court held that the Board failed to apply the fitness test contextually, as required by law, and did not consider relevant evidence about the simplicity of the charges and Clayton’s ability to understand and respond to them.

The Board’s finding of permanent unfitness was also unsupported by sufficient reasons.

The matter was remitted to a differently constituted Board for a new determination of fitness.

The moving parties sought an extension of time to perfect their appeals from orders compelling the sale of a condominium and imposing a non-harassment order.

The Court of Appeal for Ontario dismissed the motion, finding the delay unsatisfactorily explained, the appeal lacking merit, and ongoing prejudice to the responding parties.

The court awarded costs to the responding parties.

The Court of Appeal for Ontario considered three applications related to a previous application by David Swaine, the respondent on a Crown appeal.

Swaine sought orders under sections 682 and 683 of the Criminal Code, including cross-examination of prosecuting Crowns and production of documents from the Executive Legal Officer of the Superior Court of Justice.

Two applications to intervene were brought by the Office of the Chief Justice of the Superior Court of Justice and the Ontario Superior Court Judges’ Association, both raising concerns about the administration of justice and judicial independence.

The Crown also sought a sealing order for future materials.

The Court granted leave to intervene to both proposed interveners and dismissed the Crown’s application for a sealing order, finding it inapplicable to the materials at issue.

The applicant, Jessica Martin, sought a review of her bail denial after being charged with several offences, including first degree murder (later dropped), kidnapping, obstructing justice, accessory after the fact to murder, aggravated assault, and assault causing bodily harm.

The Court considered whether there was a material change in circumstances, legal error, or whether the detention was "clearly unwarranted." The Court found no material change, no legal or palpable and overriding error, and that the decision to detain was reasonable.

The application was dismissed.

The Court of Appeal for Ontario allowed the Crown's appeal from sentence, finding that the sentencing judge erred in imposing a conditional sentence and in failing to order a consecutive sentence for participation in a criminal organization.

The court also set aside a restitution order that was not directed to a victim.

In light of the respondent's rehabilitation and time already served, the court substituted a sentence reflecting appropriate credit and stayed the remainder of the sentence and the criminal organization conviction.

The Court of Appeal for Ontario dismissed Shantanu Shirodkar’s appeal seeking to certify a class action against Coinbase Global, Inc. and its subsidiaries for alleged violations of securities laws.

The court upheld the motion judge’s findings that Ontario courts lacked jurisdiction over the non-Canadian Coinbase entities and that Ireland was the preferable forum for the claims, staying the action against Coinbase Canada as well.

The decision addresses the interpretation of forum selection clauses, the application of the “real and substantial connection” test, and the doctrine of forum non conveniens in the context of cross-border crypto-asset trading.

The Court of Appeal for Ontario dismissed Doug Lloyd’s appeal from the Superior Court’s refusal to extend time for judicial review of the Crown’s decision to stay his private prosecution against Bell Canada.

The court held that prosecutorial discretion is only reviewable for abuse of process, which requires egregious conduct.

The application judge made no error in law or fact, and the Crown’s decision not to consider expert evidence or to stay the prosecution on public interest grounds did not amount to an abuse of process.

The Court of Appeal for Ontario considered when a gender affirming surgery, specifically a vaginoplasty without penectomy, qualifies as an insured service under the Ontario Health Insurance Plan (OHIP).

The court held that vaginoplasty is a specifically listed insured service in the Schedule of Benefits, regardless of whether it is accompanied by a penectomy, and that the exclusion for experimental procedures does not apply to specifically listed services.

The appeal by the General Manager of OHIP was dismissed.

This decision concerns an appeal by Iesha Mitchell from a detention order imposed by the Ontario Review Board.

The Board had found that, although Mitchell could live in the community with certain privileges, her housing required approval by the person in charge of the Centre for Addiction and Mental Health (CAMH), and that the Mental Health Act alone would not be sufficient to manage her risk to public safety.

The Court of Appeal found no error in the Board’s reasoning, holding that the evidence supported the need for approved housing and a detention order, given the subtlety of Mitchell’s decompensation and the need for prompt intervention.

The appeal was dismissed.

The Court of Appeal for Ontario dismissed an appeal by S.D.M.O. Industries (Kohler-SDMO) and Kohler Co., who sought to stay proceedings on the basis of lack of jurisdiction or a forum selection clause favoring a French court.

The court held that Ontario had jurisdiction, the forum selection clause was not proven to be valid or applicable, and the motion judge made no reviewable error.

The appeal was dismissed with costs.

The Court of Appeal for Ontario allowed both the appeal and cross-appeal, setting aside the case conference judge’s order in its entirety.

The court found that the case conference judge exceeded his authority under the Rules of Civil Procedure and failed to provide adequate reasons or an evidentiary record to support his decision regarding the existence and terms of a settlement.

The lack of intelligible reasons and evidentiary basis precluded meaningful appellate review.

The Court of Appeal for Ontario dismissed Dwayne Thomas’s appeal from a six-and-a-half year sentence for sexual assault and breach of trust.

The court found the trial judge was entitled to exceed the usual sentencing range due to the aggravated breach of trust and the victim’s vulnerability as an incarcerated person.

The court rejected arguments that the trial judge failed to give sufficient weight to rehabilitation, the harshness of incarceration for a former correctional officer, and post-sentencing rehabilitative efforts.

The decision affirms the priority of deterrence and denunciation in sentencing for sexual assault by persons in positions of authority.

The appellant, Mustafa Ahmed, was convicted of second degree murder following a judge-alone trial.

The case involved a fatal shooting during a bar altercation, captured on CCTV.

The trial judge rejected Ahmed’s claims of self-defence and provocation, finding his testimony not credible or reliable.

On appeal, Ahmed argued that the trial judge made palpable and overriding errors in assessing the CCTV evidence and misapplied the law regarding his subjective beliefs.

The Court of Appeal found no such errors and dismissed the appeal.

The Court of Appeal for Ontario dismissed the father’s appeal from a family law order that varied parenting and support arrangements.

The court found that the trial judge’s reasons were clear, sound, and based on the evidence, and that the findings were consistent with the Divorce Act.

The trial judge’s decision to grant the mother primary care and sole decision-making authority, as well as to vary child and spousal support, was upheld.

The court emphasized deference to the trial judge’s factual findings and the best interests of the children.

This appeal concerns a commercial dispute between The North West Company LP (NWC) and Classic Furs Company Ltd. (CF) over the supply of coyote furs for use in Canada Goose parkas.

The trial judge found a contract existed and that NWC breached it in several respects, but also found in NWC’s favour on unpaid invoices.

Both parties appealed aspects of the damages assessment and liability findings.

The Court of Appeal allowed CF’s appeal in part, finding that the trial judge erred in concluding that certain furs were delivered, and recalculated damages accordingly, including an award of punitive damages against NWC.

The appellant, Matthew Desouza, appealed his seven-year sentence for human trafficking, assault with a weapon, and failing to comply with a release order.

He argued that the sentencing judge failed to properly apply Gladue principles and that the sentence was unfit.

The Court of Appeal found that the sentencing judge gave appropriate consideration to Gladue factors, the seriousness of the offence, and mitigating factors such as remorse and a guilty plea.

The appeal was dismissed.

The appellant, Leslie Arthur Swan, appealed the dismissal of his claim for conspiracy and defamation against several respondents, including a condominium corporation, its manager, and legal counsel.

The motion judge dismissed the action as frivolous, vexatious, and an abuse of process under rule 2.1.01 of the Rules of Civil Procedure, finding it was a collateral attack on earlier proceedings and statute-barred.

The Court of Appeal upheld the motion judge’s decision, finding no error and dismissing the appeal with costs to the respondents.