3 total
Crown application to admit prior sexual assault convictions as similar fact evidence granted.
The Crown brought an application to admit the accused's prior convictions for sexual assault as similar fact evidence in their upcoming trial for sexually assaulting an unconscious woman.
The Crown argued the prior convictions, which also involved sexual assaults on unconscious women, were highly probative of identity and intention.
The accused opposed, arguing the acts were dissimilar and the evidence was highly prejudicial.
The court allowed the application, finding that the prior convictions went beyond showing general disposition and that their probative value outweighed the potential for reasoning prejudice.
Motion for an extension of time to appeal a support order dismissed due to bad faith and non-compliance.
The applicant sought an extension of time to appeal a final order for child and spousal support arrears and ongoing payments.
The court found the applicant's intention to appeal was not continuous, the grounds for appeal were weak, and the applicant had failed to comply with previous orders and pay support.
The court determined that granting the extension was not in the interest of justice, given the applicant's lack of good faith and the prejudice suffered by the respondent.
A landlord's failure to provide functioning HVAC constituted a fundamental breach of a commercial lease.
Minto Commercial Properties Inc. sued Le Gourmand 3 Inc., Le Gourmand Inc., and Milton Nunes for breach of lease and arrears of rent after Le Gourmand 3 Inc.'s restaurant failed.
The defendants counterclaimed for damages, alleging Minto fundamentally breached the lease by failing to provide adequate heating and air conditioning.
The court found Minto in fundamental breach of its lease obligations regarding HVAC, which materially caused the restaurant's failure.
Minto's claim was dismissed, and the defendants' counterclaim for damages related to the LG3 location's outfitting costs, security deposit, and repair expenses was granted, totaling $446,690.87 plus interest.
Claims for losses related to the other two Le Gourmand locations were dismissed as too remote.
