Vincent Ruscitto

Criminal trial for dangerous operation of a motor vehicle causing death under s. 320.13(3) of the Criminal Code.

The accused was driving at speeds between 149 km/hr and 192 km/hr in a 60 km/hr zone on a major arterial roadway in Toronto when he failed to negotiate a bend, crossed into oncoming traffic, and struck and killed the victim.

The court rejected defence challenges to the credibility of Crown witnesses including the collision reconstructionist and vehicle examiner, found the accused's driving constituted a marked departure from the standard of care, and was satisfied beyond a reasonable doubt on all essential elements of the offence.

Finding of guilt entered.

This trial concerned the validity and enforceability of Minutes of Settlement signed by the parties after mediation.

The applicant sought to uphold the agreement, while the respondent argued it should be set aside due to alleged non-disclosure of assets and a lack of understanding of the agreement's nature and consequences, including claims of unconscionability and ineffective counsel.

The court found the Minutes of Settlement valid and enforceable, rejecting the respondent's arguments regarding non-disclosure, lack of understanding, and unconscionability, emphasizing that the respondent had legal representation and ample time to consider the agreement.

Jevonn Smith pleaded guilty to possessing a loaded prohibited firearm, possessing a prohibited firearm without a license, and occupying a motor vehicle while possessing a firearm.

The sentencing was delayed due to issues with obtaining a Morris report.

The Crown sought a four-year jail sentence, while the defence argued for a suspended sentence given time served on strict bail.

The court considered aggravating factors (loaded firearm, extended magazine, ammunition in a home with children, bulletproof vest) and significant mitigating factors (guilty plea, remorse, first offender, strong rehabilitation prospects, community support, legitimate safety concerns due to prior shooting victimization, and systemic discrimination).

The judge imposed a 14-month conditional sentence, concurrent on each count, followed by one year of probation, a DNA order, and a 10-year s. 109 order, after deducting 10 months for time spent on strict bail and delays in obtaining the Morris report.

This action concerned a debt owed under a back-dated lease agreement between the Plaintiff, JCA & Associates Inc., and the Defendants, 2372618 Ontario Limited (NYX Lounge), Bruno Pisani, and Vincent Pisani.

The central dispute was whether the lease was signed in May 2014 or in June 2015 and back-dated to May 2014.

The Plaintiff argued the latter, asserting the lease was to reimburse its principal's contributions after a failed business relationship.

The Defendants contended the lease was signed in 2014 and subsumed by a subsequent shareholders agreement, converting the debt into a capital contribution.

The court found in favour of the Plaintiff, determining the lease was signed in June 2015 and back-dated, and that all Defendants were jointly and severally liable, interpreting the term "or" in the lessee definition as "and" to avoid commercial absurdity.

The Plaintiff was awarded $100,341.03 in damages.

The accused, Parveen Sharma, was charged with two counts of sexual assault.

The complainant, a 25-year-old tenant of the accused, alleged non-consensual sexual activity on October 2 and 3, 2015.

The court assessed the credibility and reliability of the complainant's evidence, considering inconsistencies and corroborating factors.

The defence argued the complainant initiated sexual activity and consented.

The court found the complainant's evidence credible and reliable, rejecting defence arguments regarding inconsistencies and the complainant's alleged initiation of a sexual relationship.

The accused was found guilty on both counts of sexual assault.