5 total
Accused found guilty of sexual assault; post-offence conduct and res gestae statements corroborated complainant's evidence.
The accused was charged with sexually assaulting the complainant after a social gathering.
The accused admitted to intentional sexual intercourse but claimed the complainant consented and initiated the encounter.
The court rejected the accused's evidence, finding his post-incident conduct—including an apology left on the complainant's voicemail and his unquestioning compliance with being ejected from the home—inconsistent with his claim of a consensual encounter.
The court admitted the complainant's immediate post-incident declarations under the res gestae doctrine and accepted her evidence that she verbally and physically resisted the accused.
The accused was found guilty.
Fire Safety Commission confirms rescission of order prohibiting outdoor pizza oven, imposing alternative safety measures instead.
The Kitchener Fire Department appealed a decision of the Fire Marshal that rescinded an inspection order issued to Bingemans Inc. The original order prohibited the use of an open chain-driven pizza oven under a tent at an outdoor music festival, citing the risk of fire from grease-laden vapours.
The Fire Safety Commission confirmed the Fire Marshal's decision, finding insufficient evidence that the specific pizza cooking operation produced a significant amount of grease-laden vapours.
The Commission held that the risk could be controlled by other approved measures and exercised its broad discretion to order a specific fire protection and risk management protocol for future uses of the temporary pizza oven setup on the respondent's property.
The court accepted a joint submission of 8 years imprisonment for a driver who caused a fatal head-on collision while impaired.
The defendant pleaded guilty to impaired driving causing death to two individuals (a mother and her five-year-old daughter), impaired driving causing bodily harm to a six-year-old child, dangerous driving causing death to both victims, dangerous driving causing bodily harm, and possession of cannabis resin.
A head-on collision occurred on Highway 401 when the defendant's truck drifted across the median into oncoming traffic while travelling at 120 km/h in a 100 km/h zone.
The defendant had a blood-alcohol concentration between 60-96 mg per 100 mL of blood at the time of the collision.
The court imposed a joint submission of 8 years imprisonment, finding it appropriate given the aggravating circumstances including the defendant's extensive driving record (22 prior speeding convictions), excessive speed, aggressive driving behaviour, and the devastating impact on the victims' family.
The accused was acquitted of impaired driving but convicted of refusing a breath sample despite a fractured sternum.
The accused was charged with impaired operation of a motor vehicle and refusing to provide a breath sample following a motor vehicle collision on December 14, 2015.
The Crown alleged the accused was impaired by alcohol when operating his vehicle and subsequently refused to provide breath samples at the hospital.
The accused was acquitted of impaired operation but convicted of refusing to provide a breath sample.
The court found insufficient evidence of impairment beyond a reasonable doubt, but determined the accused intentionally failed to provide a sample despite suffering from a fractured sternum.
Monetary penalty of $8,000 confirmed for permitting drunkenness and serving intoxicated patrons.
The appellant licensee appealed an Order of Monetary Penalty of $8,000 issued by the Registrar of Alcohol and Gaming for contraventions of the Liquor Licence Act and its regulations.
Inspectors observed four intoxicated patrons on the premises, two of whom were served alcohol while intoxicated.
The Licence Appeal Tribunal found that the licensee permitted drunkenness and sold liquor to intoxicated persons, confirming the monetary penalty in full.