Rochelle Direnfeld

The applicant, convicted of first-degree murder, sought a reduction in his parole ineligibility period under the "faint hope" clause (s. 745.6 of the Criminal Code).

The screening judge applied the less stringent "reasonable prospect of success" test from the 1997 amendments, as the murder occurred in 2003.

Despite some positive institutional conduct, the applicant's abysmal overall conduct, lack of genuine remorse and accountability, and persistent moderate risk for violent recidivism led the court to conclude he failed to meet the test.

The application was dismissed, but a further application was permitted after six years.

The appellant was convicted of sexual assault and sexual interference against a 13-year-old victim.

The main ground of appeal concerned the admissibility of a partial recording of a telephone call between the appellant and the victim's mother, in which the appellant apologized and appeared to be crying.

The appellant also challenged the admission of incomplete text messages.

The Court of Appeal upheld the trial judge's evidentiary rulings, finding that the victim's mother's testimony provided sufficient context for the recorded statement and that the trial judge properly instructed the jury regarding the incomplete text messages.

The appellant appealed his sentence of four years' imprisonment plus 13 months pre-sentence custody for multiple driving-related offences including impaired driving, dangerous driving, flight from police, driving while disqualified, and failing to provide a breath sample.

The central issue was whether the sentence exceeded the statutory maximum of five years when pre-sentence custody was included in the calculation.

The Court of Appeal found the sentence was illegal as it exceeded the maximum by one month and 19 days.

The court established that pre-sentence custody must be considered when calculating sentences against statutory maximums, following the principle established in minimum and conditional sentence cases.

The appeal was allowed and the sentence was reduced to 34 months and 11 days from the date of sentencing.

The appellant appealed a disposition of the Ontario Review Board dated April 11, 2016, raising an issue regarding the supervisory powers of the Board between hearings.

The Court of Appeal found the appeal to be moot as the Board's disposition had been implemented and the appellant sought no remedy on appeal.

The appeal was dismissed as moot.

An appeal under Part XX.1 of the Criminal Code against a disposition of the Ontario Review Board dated May 13, 2016.

The appellant raised three grounds of appeal: (1) the Board failed to apply the Winko test in concluding the appellant remains a significant threat to public safety and failed to order an absolute discharge; (2) the Board erred in failing to order a conditional discharge; and (3) conditions should be amended to allow community living in Brockville rather than North Bay due to North Bay's inability to receive the appellant.

The Court of Appeal dismissed the first two grounds but allowed the appeal on the third ground, permitting the appellant to live in approved community accommodation in Brockville.

The accused, a project manager on a balcony restoration project, was charged with four counts of criminal negligence causing death and one count of criminal negligence causing bodily harm after a swing stage collapsed, causing five workers to fall 100 feet.

The court found that the accused had the authority to direct the workers and breached his duty under s. 217.1 of the Criminal Code by permitting six workers to board the swing stage when he knew there were only two lifelines available.

The court held that this failure constituted a marked and substantial departure from the standard of a reasonable supervisor, showing wanton and reckless disregard for the workers' lives and safety.

The accused's negligence was found to be a significant contributing cause of the deaths and injuries, and he was found guilty on all counts.

The accused, a project supervisor for a construction company, was charged with criminal negligence causing death and criminal negligence causing bodily harm following the collapse of a swing stage on December 24, 2009, at a Toronto construction site.

Five workers fell 13 stories to their deaths, one suffered debilitating injuries, and one survived because he was tied to a lifeline.

The court found sufficient evidence to commit the accused for trial based primarily on his failure to ensure that workers were properly tied to lifelines while working on the suspended platform, despite clear regulatory requirements and training standards.