Stefan Danelo Hnatiuk Peters

The offenders, Theo Cleland and Hussein Karshe, were convicted of aggravated assault following a jury trial.

The court considered aggravating factors, including the serious group attack and injuries to the victim, and mitigating factors, such as their lack of criminal records, youth, and rehabilitative efforts.

The primary sentencing objectives were denunciation and deterrence, balanced with rehabilitation and restraint.

The court imposed intermittent sentences of 90 days incarceration, followed by three years of probation with conditions including community service, counselling, and restitution for uninsured expenses.

Bryan Motz, a 24-year-old with severe cerebral palsy, was the plaintiff in a medical malpractice action.

His mother, Leslie Motz, acting as litigation guardian (LG), sought to settle the action by dismissal without costs due to concerns about potential adverse cost awards.

Justice Daley rejected this settlement, found Leslie Motz in a conflict of interest, removed her as LG, and appointed the Public Guardian and Trustee (PGT).

The PGT subsequently moved to vary Justice Daley's order, arguing lack of notice to both the PGT and Leslie Motz, and insufficient grounds for the PGT's appointment.

The court found that both the PGT and Leslie Motz were entitled to notice and that the PGT's appointment as LG of last resort should only occur if no other proper person is willing and able.

The court varied Justice Daley's endorsement, reinstating Leslie Motz as LG and ordering the PGT to provide a report with objections or recommendations regarding the proposed settlement to Justice Daley.