S. White

The applicant, charged with multiple counts of fraud related to bank loans, brought a Rowbotham application seeking a conditional stay of proceedings pending the appointment of state-funded counsel.

He argued he was indigent and had been denied Legal Aid.

The court dismissed the application, finding that the applicant's extensive business background and education made him capable of representing himself, meaning his right to a fair trial would not be compromised.

Furthermore, the court found the applicant failed to prove indigence, noting inconsistencies in evidence regarding his separation from his wife, his failure to pursue his share of the matrimonial home proceeds, and his lack of adequate financial disclosure.

The applicant was substantially successful on a motion to change and obtained a better result than his offer to settle.

The court resolved an outstanding issue regarding life insurance on consent, ordering the applicant to maintain an $18,000 policy until January 2018.

On the issue of costs, the court noted the applicant utilized both senior and junior counsel but failed to provide actual time dockets, raising concerns about duplication of effort.

Applying the principle of proportionality and considering the respondent's reasonable expectations, the court fixed the applicant's costs at $27,000 inclusive of disbursements and HST, which may be credited against his spousal support arrears.

In the context of CCAA proceedings for U.S. Steel Canada Inc. (USSC), the applicant sought approval for Transition Arrangements with its parent company, a Business Preservation Plan involving significant cash conservation measures (including suspension of pension, OPEB, and municipal tax payments), and Amended DIP Financing.

The court approved the motions, finding that the Transition Arrangements were fair and reasonable, and that the Business Preservation Plan and DIP financing were necessary to allow USSC to continue operations and pursue a restructuring solution, despite objections from the union and municipalities regarding the suspension of benefits and taxes.

Two offenders pleaded guilty to armed bank robberies committed in Windsor and four additional robberies in Toronto involving firearms, disguises, and violence against bank employees.

The parties jointly proposed a global sentence of 10 years’ imprisonment.

The court held that although a higher sentence in the range of 12 to 15 years would otherwise be fit given the seriousness and multiplicity of the offences, the joint submission did not meet the high threshold required to reject it.

The court also considered the application of the Truth in Sentencing Act and the proper credit for pre‑sentence custody under s. 719 of the Criminal Code.

Credit was granted at 1:1 for the period before the guilty pleas and 1.5:1 for the period after the pleas due to sentencing delay beyond the offenders’ control.