P. Murray

The defendant insurer brought a Rule 2.1.01 application to dismiss the plaintiffs' action as frivolous, vexatious, or an abuse of process.

The plaintiffs' claims arose from a motor vehicle accident, subsequent denial of statutory accident benefits, and alleged improper surveillance.

The plaintiffs also challenged the constitutional validity of certain Insurance Act provisions.

The court dismissed the application, finding that the constitutional challenge and the claims could not be properly assessed or struck out using the limited summary procedure under Rule 2.1.01, as it was not the clearest of cases.

The accused was charged with first-degree murder in a cold case dating back to 1974.

The police conducted a 'Mr. Big' undercover investigation, during which the accused confessed to the murder.

The accused brought an application to exclude the confession, arguing that the police conduct amounted to an abuse of process and breached his right to silence under section 7 of the Charter.

The court found that the police tactics, which included forcing the accused to participate in a simulated body disposal, were excessively coercive and functionally detained the accused.

The court concluded that the investigation breached section 7 and constituted an abuse of process, ordering the exclusion of the confession under section 24(2) of the Charter.

The offender was convicted of second-degree murder and assault causing bodily harm in relation to the death of his common-law partner's two-year-old son.

The child suffered extensive, repeated blunt force trauma while in the offender's care, culminating in fatal abdominal injuries.

The court sentenced the offender to life imprisonment for second-degree murder with a 15-year period of parole ineligibility, emphasizing denunciation and deterrence for the brutal breach of trust against a vulnerable infant.

A concurrent sentence of five years was imposed for the assault causing bodily harm.