S. Adams

The defendants moved to vacate a construction lien registered against their property by the plaintiff contractor, arguing the lien had expired.

The court found that the contract was either terminated by the defendants or abandoned by the plaintiff on August 18, 2022, when the defendants changed the locks and the plaintiff retrieved its tools with police assistance.

Because the plaintiff failed to perfect the lien by commencing an action and registering a certificate of action within 150 days of that date, the lien expired.

The motion was granted, the certificate of action was vacated, and costs were awarded to the defendants.

The accused was found guilty of aggravated assault, discharging a firearm with intent, possession of a loaded restricted firearm, possession of marijuana for the purpose of trafficking, and possession of proceeds of crime.

Following a dispute outside a bar, the accused retrieved a gun and fired it towards a group, striking an innocent bystander.

The court emphasized denunciation and deterrence given the serious nature of gun violence in a public place.

The accused was sentenced to a global term of 10 years' imprisonment, less credit for pre-sentence custody and harsh jail conditions, leaving six years to serve.

At the outset of his trial for drug and weapons offences, the accused brought three Charter applications.

He sought a stay of proceedings under s. 7 due to a deleted text message containing a photograph used for identification, which was dismissed as the photograph itself was disclosed and no prejudice was shown.

He also challenged the search of his residence under s. 8, which was dismissed as the Information to Obtain established reasonable and probable grounds.

Finally, he challenged the warrantless search of his cell phones under s. 8.

The court found a serious breach due to police carelessness in failing to confirm the existence of a warrant, and excluded the extracted cell phone data under s. 24(2) of the Charter.

The accused was charged with assault, uttering threats, unlawful confinement, obstructing a peace officer, and possession of cocaine for the purpose of trafficking.

The Crown's case relied heavily on intercepted telephone calls in which a man threatened and admitted to assaulting a woman, as well as evidence seized during a search warrant.

The court applied the Villaroman test for circumstantial evidence and found the accused guilty of assault, uttering threats, and possession of cocaine found in a desk drawer.

The accused was acquitted of unlawful confinement, obstructing a peace officer, and possession of cocaine found in a Gucci bag.