R. Gill

This decision addresses the charge of criminal harassment under section 264(2)(d) of the Criminal Code, specifically focusing on whether the creation and content of a website by the accused, Mahyar Radmehr, constituted threatening conduct causing the complainant, Ms. K., to reasonably fear for her safety.

The Court found that while the website caused embarrassment, anxiety, and frustration to Ms. K., it was not designed as a tool of intimidation to instill fear.

The Crown failed to prove the offence beyond a reasonable doubt, resulting in an acquittal.

The Court also declined to impose a common law peace bond requested by the Crown, finding no reasonable fear to justify such an order.

Giuseppe Agostino pleaded guilty to 10 charges across four informations, including multiple counts of break and enter, theft, fraud, mischief, and failure to comply with bail and probation orders.

He was released on bail with the understanding he would attend residential drug treatment, but failed to complete the program and committed further offences.

The Crown sought a further 6 months of jail time in addition to 69 days pre-trial custody.

The court considered aggravating factors, primarily the extensive criminal record, and mitigating factors, including the guilty plea and pre-trial custody during the COVID-19 pandemic.

The judge found that a conditional sentence was not appropriate due to public safety concerns and the accused's failure to comply with prior orders.

A further custodial period of 90 days was imposed, consecutive to any sentence being served, along with 18 months of probation with specific conditions aimed at addressing his opiate addiction and preventing further offences.

The moving party father brought a motion to change a 2010 final order, seeking to rescind support arrears and recalculate child and spousal support based on his actual income, citing ongoing mental health issues (Bipolar Disorder) that limited his ability to work full-time.

The responding party mother argued for increased support based on the father's higher hourly wage.

The court found a material change in circumstances based on both the mental health diagnosis and the wage increase.

The court excused the father's intentional underemployment for several years due to his health needs but imputed income for recent years.

Spousal support was terminated effective June 30, 2019, and child support for the two adult children was adjusted based on their educational status.

The court declined to rescind the arrears entirely but reduced them based on the recalculations and ordered a monthly payment plan.

The defendants, operators of Turntable Restaurant and Lounge holding a liquor sales licence with a caterer's endorsement, were charged with four offences under Ontario's Liquor Licence Act and regulations arising from a catered event at Natraj Banquet Hall on July 31-August 1, 2011.

The charges were: failing to remove signs of service, permitting use of narcotics on premises, failing to display a Sandy's Law warning sign, and permitting removal of liquor from premises.

The court found the defendants guilty of three charges (failing to remove signs of service, permitting use of narcotics, and permitting removal of liquor) and acquitted them of the Sandy's Law charge.

The court determined these were strict liability offences and the defendants failed to establish a due diligence defence.