4 total
Circumstantial evidence did not prove the fatal drug mixture came from the accused.
The accused was tried for trafficking and unlawful act manslaughter arising from a fatal overdose allegedly caused by a same-day drug transaction.
The Crown's theory depended on proving that the particular mixture found in the deceased's wallet and blood — cocaine, fentanyl, and U-47700 — was the same substance sold by the accused.
Applying the circumstantial evidence framework, the court held that guilt was not the only reasonable inference because the evidence left open reasonable possibilities that the deceased obtained or consumed other drugs, particularly during an unobserved period before he was found unresponsive.
Although the court accepted the pathology evidence that acute toxicity from the detected substances significantly contributed to death, it was not proved beyond a reasonable doubt that the accused trafficked that particularized substance.
The accused was acquitted on both counts.
Tribunal issues amending decision to correct typographical errors in the Title of Proceeding and Appearances.
The Ontario Land Tribunal issued an amending decision to correct technical and typographical errors in a Replacement Decision and Order dated April 7, 2022.
Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal deleted and replaced the Title of Proceeding and the Appearances section.
In all other respects, the original Replacement Decision and Order remains unchanged.
Tribunal issues Procedural Order and finalizes Issues List for King-Spadina Secondary Plan appeals.
The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Toronto's Proposed Official Plan Amendment No. 486 (King-Spadina Secondary Plan).
The Tribunal issued a Procedural Order establishing the hearing dates, Issues List, and order of evidence, and adjourned certain site-specific appeals sine die.
Spiritual healer convicted of sexual assault and sexual exploitation.
Following a judge-alone criminal trial subject to a publication ban, the court convicted the accused of sexual assault and sexual exploitation involving a young complainant taken to him by her mother for spiritual healing.
The court applied the W. (D.) framework, rejected the accused's evidence as not credible or reliable, and accepted the complainant's detailed account of escalating sexual conduct occurring in the context of ritual baths and spiritual manipulation.
The court held that the sexual touching was proven, that the complainant did not subjectively consent, and that no honest but mistaken belief in consent was available.
The court further found that the accused occupied a position of trust or authority by virtue of the complainant's and her mother's belief in his spiritual powers, the age disparity, the paid healing relationship, and the grooming dynamic.
