Stathi Balopoulos

Peter Robbins, charged with assault and multiple counts of sexual assault, applied for a stay of proceedings under s. 11(b) of the Canadian Charter of Rights and Freedoms, arguing his right to be tried within a reasonable time was violated.

The total delay from the laying of the information to the anticipated end of the trial was 562 days (18 months and 14 days), exceeding the 18-month presumptive ceiling set by R. v. Jordan.

The court analyzed periods of delay, including defence-caused delays such as counsel's unavailability and rejection of earlier trial dates.

The court found that 57 days of the delay were attributable to the defence.

After deducting this, the net delay was 507 days (16.67 months), which falls slightly below the 18-month presumptive ceiling.

The application for a stay of proceedings was dismissed.

Following a trial where the plaintiff employer was awarded $537,885 in compensatory damages for an employee's fraudulent kickback scheme, the plaintiff sought supplementary orders for a constructive trust over the employee's property and punitive damages.

The court granted a constructive trust, finding a direct link between the stolen funds and the property, but stayed the order for 30 days to allow the defendant to pay the judgment.

The court also awarded $200,000 in punitive damages, emphasizing the need for deterrence and denunciation of employee theft.

This trial decision addresses a claim by Sunwing Airlines Inc. against a former employee, Amilcar Mora, alleging his involvement in a kickback scheme.

Sunwing contended that Mora received over $500,000 in kickbacks from a Cuban contractor, Sylvie Leduc, between 2012 and 2017.

Mora denied the allegations and brought a wrongful dismissal counterclaim.

The court primarily focused on witness credibility, finding Sunwing's witnesses credible and Mora and a co-defendant, Sonya Sekulic, not credible due to numerous inconsistencies and contradictions in their testimony and documentary evidence.

The court found that Mora was involved in the kickback scheme and that Sunwing had just cause for his termination.