S. Crowe

The accused was charged with aggravated assault and two counts of breach of probation after the victim was found with severe head injuries.

The Crown relied on surveillance videos and the accused's statement to police.

The court found the video evidence insufficient to prove the accused caused the severe injuries, as another unidentified individual was seen assaulting the victim.

However, the court found the accused guilty of a separate, lesser included offence of common assault captured on video, and consequently guilty of breaching his probation orders.

The applicants, five individuals experiencing homelessness, sought an interlocutory injunction to prevent the City of Hamilton from enforcing a by-law prohibiting camping in city parks.

They argued that enforcement during the COVID-19 pandemic and housing crisis violated their rights under section 7 of the Charter and the Human Rights Code.

The court applied the RJR-MacDonald test.

While finding a serious issue to be tried, the court concluded the applicants failed to establish irreparable harm specific to themselves, as they had been offered or received shelter.

The court also found the balance of convenience favoured the City, citing the public interest in safe parks, the City's efforts to provide shelter and supports, and the health and safety risks associated with the encampments.

The motion for an injunction was dismissed.

Following the dismissal of the applicants' motion for an interlocutory injunction under the oppression provisions of the Business Corporations Act, the parties made written submissions on costs.

The applicants argued they were justified in bringing the motion and sought their own costs despite being unsuccessful.

The court rejected this argument, finding no reason to depart from the usual rule that costs follow the event.

The court awarded the successful respondents their costs on a partial indemnity basis, fixed at $2,750 for fees plus HST and $175.56 for disbursements.

The plaintiff sought specific performance of a rent-to-own agreement for a home on the Whitesand First Nation reserve after the First Nation allocated the home to another member.

The plaintiff had vacated the home years earlier due to an abusive relationship but continually expressed her intent to return.

The court found that the plaintiff had not abandoned the home and that the First Nation breached the agreement by failing to address her requests in good faith.

However, the court declined to order specific performance, finding it inequitable to displace the current innocent occupant and noting the plaintiff's delay.

Instead, the court awarded the plaintiff $18,000 in damages for breach of contract and $5,000 for lost personal property.

The defendants brought a summary judgment motion to dismiss the plaintiff's personal injury claim, arguing it was barred by an 'Informed Consent Form for Physical Activities' signed by the plaintiff.

The plaintiff, a Police Foundations student, was injured when he struck his head on a protruding basketball hoop while running on the college's track.

The court applied the Tercon framework and held that the waiver, read in context, applied to health-related risks and physical exertion, not to liability for defective premises under the Occupiers' Liability Act.

The motion was dismissed.