Sean Christopher Doyle

The Applicant applied to the Assessment Review Board for a cancellation, reduction, or refund of his 2021 property taxes under s. 357(1)(d.1) of the Municipal Act, citing an inability to pay due to sickness or extreme poverty.

The Board reviewed the Applicant's financial situation, noting that while his monthly income was slightly higher than his expenses, he owned the subject property mortgage-free with significant equity and had a positive bank balance.

The Board found that the Applicant was able to pay his property taxes with careful planning and dismissed the application.

The Applicant applied to the City of Mississauga to have his 2020 property taxes cancelled, reduced, or refunded due to sickness or extreme poverty under s. 357(1)(d1) of the Municipal Act, 2001.

The Applicant had withdrawn $69,000 in home equity and lost it in the stock market, leaving him unable to pay his taxes.

The Assessment Review Board dismissed the application, finding that the Applicant had the resources to pay his taxes but chose to make a risky investment instead, which does not constitute an inability to pay.

In a multi-accused pre-trial Charter motion arising from a violent home invasion and related firearms and conspiracy allegations, the applicants sought excision of Home Depot records, Instagram-derived identification evidence, tower dump material, and Part VI interceptions.

The court held the applicants lacked standing to challenge the Home Depot records and store surveillance, and that the private Instagram account did not attract an objectively reasonable expectation of privacy in the circumstances.

The court further upheld the tower dump authorization under s. 487.015 of the Criminal Code, found the subsequent subscriber query authorized, and rejected claims that the ITO relied on speculation.

Applying Garofoli and Araujo, the court concluded that, after amplification and excision, the Part VI authorization still had sufficient grounds and satisfied investigative necessity.

The motion was dismissed, with remaining search issues relating to later searches to be addressed separately.

The Applicants applied to the City of Mississauga for a cancellation, reduction, or refund of their 2021 property taxes, claiming an inability to pay due to sickness or extreme poverty under s. 357(1)(d.1) of the Municipal Act.

The Assessment Review Board reviewed the Applicants' financial situation, including their income, expenses, assets, and liabilities.

The Board found that the Applicants had sufficient monthly net income and available funds to pay the $4,288.36 in property taxes levied in 2021.

Furthermore, the Board noted significant discretionary spending on non-essential items.

As the Applicants were found able to pay their taxes, the application was dismissed.

The young person, C.Z., pleaded guilty to dangerous driving causing two deaths and one bodily harm.

The court considered the principles of youth sentencing under the Youth Criminal Justice Act, including the young person's diminished moral blameworthiness, high degree of responsibility, and numerous mitigating factors such as excellent prospects and genuine remorse.

The court determined that a non-custodial sentence would not meet the purposes and principles of youth sentencing, particularly the need for denunciation and meaningful consequences proportionate to the grave harm caused.

A custodial sentence was deemed necessary.

The accused, Azzam Al-Derzi, pleaded guilty to dangerous driving causing death after running a red light while distracted by a cell phone, resulting in the death of a motorcyclist.

The court considered victim impact statements, a positive pre-sentence report, and aggravating factors (distracted driving by a professional driver) balanced against mitigating factors (guilty plea, genuine remorse, good character).

The court accepted a joint submission for 15 months in jail and imposed a 2.5-year driving prohibition, a DNA order, and a victim fine surcharge.

Drak Paul pleaded guilty to dangerous driving causing death and fail to remain causing death after a fatal collision where he was speeding excessively (125 km/hr in a 60 km/hr zone), fled the scene, and was uninsured.

The court considered aggravating factors including the extreme speed, police pursuit, flight from the scene, and lack of insurance, alongside mitigating factors such as his youth, lack of prior criminal record, guilty plea, and good rehabilitation prospects.

The court imposed a global sentence of two years (18 months for dangerous driving causing death, 6 months consecutive for fail to remain causing death) and a five-year driving prohibition, plus a DNA order.

The applicants applied for a refund of their 2019 property taxes under s. 357(1)(d.1) of the Municipal Act, 2001, citing an inability to pay due to sickness.

Both applicants underwent major surgeries in 2018 and suffered severe ongoing illnesses in 2019, with one applicant passing away in 2020.

The Assessment Review Board found that the applicants' monthly expenses significantly exceeded their income, forcing them to liquidate assets and incur debt to pay the taxes.

The Board concluded the applicants were unable to pay their 2019 property taxes due to sickness and ordered the City to refund the full amount of $5,285.52.

The applicants, citizens of Nigeria, sought judicial review of a decision by the Refugee Appeal Division (RAD) dismissing their claim for refugee protection.

The RAD found they had an internal flight alternative (IFA) in Nigeria and faced no prospective risk.

The applicants argued the RAD unreasonably relied on a revoked jurisprudential guide, lacked transparency, and erred in its factual findings regarding the risk.

The Federal Court dismissed the application, finding the RAD's decision reasonably based on the applicants' individual circumstances and the conclusion that they were no longer exposed to any risk.

The accused, Chiduben Anthony Okeke, was charged with Aggravated Assault and Failing to Comply with a Recognizance.

Both the Crown and Defence jointly sought a finding of Not Criminally Responsible (NCR) under sections 16 and 672.34 of the Criminal Code.

Two forensic psychiatrists provided reports concluding that the accused suffered from schizophrenia with paranoid and somatic delusions and auditory hallucinations at the time of the offence, rendering him incapable of knowing the wrongfulness of his actions.

The court accepted the joint recommendation, finding the accused NCR for both charges, and issued a DNA order.

The judgment also highlighted the severe impact on the victim, PC Andrew Varao, and raised concerns about the lack of adequate supervision for mentally ill individuals released on bail.

The applicants, citizens of Nigeria, sought judicial review of a Refugee Appeal Division (RAD) decision confirming that they had a viable internal flight alternative (IFA) in Port Harcourt.

The principal applicant, a former government official, argued he would be targeted for kidnapping.

The Court found the RAD reasonably applied the second prong of the IFA test, concluding there was insufficient concrete evidence that the applicants would be personally targeted or face conditions jeopardizing their life and safety in Port Harcourt.

The application for judicial review was dismissed.

The applicants sought judicial review of a decision by the Refugee Appeal Division confirming the dismissal of their refugee protection claim.

The claim was dismissed due to the availability of an internal flight alternative in Nigeria.

The Federal Court found the decision reasonable and dismissed the application for judicial review.

The applicant sought judicial review of a Refugee Appeal Division (RAD) decision rejecting her claim for refugee protection on the basis of a viable internal flight alternative (IFA) in Cap-Haïtien.

The applicant, a Haitian nurse who survived sexual violence in Port-au-Prince, argued the RAD erred in its IFA analysis and that procedural fairness was breached because she was not warned of the IFA issue at the outset of her hearing.

The Federal Court held the RAD's decision was reasonable, finding that the applicant failed to establish a serious possibility of persecution or that relocating to the IFA would be unreasonable.

The Court also held there was no breach of procedural fairness as the applicant was given notice during the hearing and an opportunity to respond.

The applicant applied to the City of Mississauga for property tax relief due to sickness or extreme poverty.

The matter was appealed to the Assessment Review Board.

The applicant failed to comply with a procedural order requiring the submission of evidence by a specified date and subsequently requested an adjournment at the merit hearing.

The Board denied the adjournment, finding no exceptional circumstances to justify the delay.

The Board dismissed the application due to the applicant's non-compliance with the procedural order and the resulting prejudice to the municipality.

The applicant, who suffers from mental illness and auditory hallucinations, applied for a bail review after being detained on charges of attempted murder and aggravated assault of a police officer.

He presented a new bail plan with a surety.

The court found that while the applicant's dangerousness is linked to his mental illness, the proposed plan did not provide adequate supervision to ensure he would remain medicated and stable.

The application was dismissed under the secondary ground.

The accused was charged with robbery and second-degree murder after forcefully kicking the victim during a robbery, causing the victim to fall and strike his head on the pavement, resulting in fatal brain injuries.

The trial proceeded by judge alone on an agreed statement of facts.

The sole issue was whether the accused had the requisite specific intent for second-degree murder under s. 229(a)(ii) of the Criminal Code.

The court found that while the accused had the subjective intent to cause bodily harm, the evidence did not establish beyond a reasonable doubt that he had subjective knowledge that the harm was likely to result in death.

The accused was found not guilty of second-degree murder, but guilty of manslaughter and robbery.

The applicant failed to attend a peremptory hearing scheduled by telephone conference call.

The respondent municipality brought an oral motion to dismiss the application for non-attendance.

The Assessment Review Board noted that the applicant's representative was aware of the hearing date and time, and no reasons were provided for the absence.

Pursuant to Rule 104 of the Board's Rules of Practice and Procedure, the Board granted the motion and dismissed the application.

The applicant applied to the City of Mississauga for a reduction, cancellation, or refund of her 2016 property taxes under s. 357(1)(d.1) of the Municipal Act, 2001, citing an inability to pay due to sickness or extreme poverty.

The City delegated the decision to the Assessment Review Board.

The Board found that the applicant had sufficient funds in her bank accounts at the end of 2016 to pay the outstanding property taxes.

As the applicant failed to demonstrate an inability to pay, the application was dismissed.

The Requestor sought an extension of time to file a request for review of a Board decision that dismissed his application to reduce his 2017 municipal taxes due to sickness or extreme poverty.

The request was filed beyond the 30-day limit under Rule 120.

The Requestor claimed his delay was due to sickness but provided no evidence to substantiate this claim.

The Board denied the request for an extension of time.

The applicant sought a stay of his scheduled removal to Uganda, arguing that his presence was required to assist his wife in recovering from upcoming surgery.

The CBSA officer had previously denied an administrative deferral request on this basis, noting the presence of adult children who could assist.

The Federal Court denied the motion for a stay, finding that the applicant failed to show that the CBSA officer's decision refusing the deferral was unreasonable.