Wlademer Fedunchak

The defendant was charged with careless driving, turn not in safety, failing to remain at the scene of an accident, and failing to report an accident arising from a motor vehicle collision on July 26, 2015, on Kingston Road in Toronto.

The collision involved the defendant's Pontiac van, a Yamaha motorcycle operated by George Christodoulou (who died), and a Chevrolet operated by Valerie Coates.

The court found that the defendant exercised due diligence in determining he was not involved in the accident, that his turn was made safely and with appropriate care, and that he did not drive carelessly.

The defendant was acquitted on all charges.

The offender was convicted by a jury of conspiracy to export ecstasy and marihuana, possession of proceeds of crime, and possession of cocaine and ecstasy for the purpose of trafficking.

The Crown sought a penitentiary term of 5 to 6.5 years, while the defence sought a conditional sentence, emphasizing the offender's recent motherhood and ADHD diagnosis.

The court found that while the offender's role was integral, she was not a principal in the operation.

Balancing the gravity of the offences with her personal circumstances, the court imposed a total penitentiary sentence of 30 months.

The Crown appealed the directed verdicts of acquittal of the respondents on charges of keeping and being inmates of a common bawdy-house.

The trial judge had acquitted the respondents based on Supreme Court of Canada decisions regarding acts of indecency.

The Court of Appeal held that the trial judge erred in law, as there was evidence that the respondents offered to perform acts of masturbation for payment, which a trier of fact could find constituted acts of prostitution.

The Court also found sufficient evidence of frequent or habitual use to pass the directed verdict stage.

The appeals were allowed, the acquittals set aside, and new trials ordered.