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Ontario Court of Justice Recent Decisions

• 2026-07-23 R. v. Mai, 2026 ONCJ 435 (CanLII)
  Key Words: Criminal and statutory offences — Search warrants — Garofoli review — Whether warrant lawfully issued and s. 8 breached — Standard from Garofoli, Sadikov, Morelli and Hunter v. Southam — Anonymous tip corroborated by recurring surveillance — Excision and amplification applied to ITO — Could the warrant have issued on corrected record — s. 24(2) unnecessary — Application dismissed<br />Rights and freedoms — Charter, s. 8 — Search and seizure — Whether the corrected ITO provided reasonable and probable grounds — Credibly based probability test reaffirmed from Hunter v. Southam — Cumulative surveillance observations and nexus to residence assessed — Anonymous tip given limited weight but corroborated — Issuing justice could reasonably find grounds — No s. 8 breach — Application dismissed<br />Procedure — Judicial authorizations — Residual discretion — Whether omission and treatment of history amounted to subversion — Duty of full, frank and fair disclosure discussed — Omission regarding licence plate acknowledged and ITO amplified — No deliberate deception, bad faith or fraudulent misrepresentation per Paryniuk — Residual discretion to quash warrant declined — Application dismissed<br />Rights and freedoms — Charter, s. 8 — Temporal nexus — Whether grounds were stale at time of issuance — James considered on staleness — Recurring pattern over several weeks culminating eight days before search — Inference of ongoing activity permitted — Reasonable and probable grounds not undermined by delay — Temporal nexus sufficient — Application dismissed
• 2026-07-22 Watson v. Mississauga (City), 2026 ONCJ 428 (CanLII)
  Key Words: Criminal and statutory offences — Guilty pleas — Whether plea uninformed due to a legally relevant collateral civil consequence — Application of R. v. Wong and Quick — s. 22.1 Evidence Act confers evidentiary significance to conviction — Abuse of process in Toronto v. C.U.P.E. and Caci considered — Appellant unaware, realistic likelihood of different choice established — Plea struck and conviction set aside — Appeal allowed — Conviction set aside<br />Procedure — Provincial Offences Act appeals — Remedy — Whether ends of justice under s. 138(1) require a new trial — Fairness to appellant and prosecution, integrity of the plea process, and finality balanced — Part I appeal powers applied — Matter returned to pre‑resolution posture — New trial on original careless driving charge directed — Appeal allowed — New trial ordered
• 2026-07-21 R. v. Mills, 2026 ONCJ 426 (CanLII)
  Key Words: Criminal and statutory offences — Sentencing — Animal cruelty provisions — What sentencing principles govern s. 445.1(2) offences — Gravity of the offence as nature and extent of pain, suffering or injury — Focus on deterrence and denunciation — R. v. Chen, 2021 ABCA 382 persuasive — s. 718.2 applied — Sentence suspended with probation ordered<br />Criminal and statutory offences — Sentencing — Discharge — Whether a conditional discharge is appropriate — Attempts to kill family cat in presence of spouse and 15-year-old stepdaughter — Public interest in denunciation — Intoxication does not lessen impact on family — Conditional discharge refused<br />Criminal and statutory offences — Sentencing — Incarceration — Whether a period of incarceration is required — No lasting physical harm to cat, guilty plea, first-time offender, remorse, treatment for alcohol addiction — Deterrence, denunciation and rehabilitation achievable by probation — Passing of sentence suspended<br />Criminal and statutory offences — Sentencing — Ancillary orders — Prohibition on owning, having custody or possession of, or residing with any animal — s. 447.1 order for 10 years by agreement — DNA order declined based on otherwise pro-social history — Victim fine surcharge if presently employed — Prohibition order made, DNA order declined
• 2026-07-17 R. v. Atkinson, 2026 ONCJ 422 (CanLII)
  Key Words: Evidence — Similar act evidence — Identity — Is evidence of the Sioux Lookout shooting admissible to prove identity in the Brampton shooting? — Striking similarities or cumulative significant similarities required (Handy, Arp, MacCormack) — Generic clothing and execution differences dominate — Common running shoes carry modest weight only — Coincidence not rendered objectively improbable — Application dismissed<br />Evidence — Similar act evidence — Linkage evidence — Does arrest-based tattoo, shoes, and firearm linkage supply the missing cogency despite dissimilarities? — Similarity of acts remains the governing consideration, linkage a precondition only (Woodcock, para. 82) — Tattoo links to earlier footage, not the shooting — Firearm and shoes otherwise admissible without Sioux Lookout incident — Application dismissed<br />Evidence — Similar act evidence — Probative value versus prejudice — Does probative value outweigh moral and reasoning prejudice? — Extrinsic misconduct risks undue weight and complexity (Handy, MacCormack) — Availability of less prejudicial identity evidence reduces necessity — Judge-alone trial does not eliminate prejudice — Limited probative value on identity versus significant prejudice — Application dismissed
• 2026-07-14 R. v. Pestikov, 2026 ONCJ 412 (CanLII)
  Key Words: Criminal and statutory offences — Over 80 — Care and control — Was the accused “operating” within s. 320.11 when seated in a running vehicle? — Realistic risk of danger required by Boudreault not established — Alternate plan to be picked up concrete and implemented — Vehicle running for warmth, safely parked at dealership — No post-consumption driving — Not guilty<br />Criminal and statutory offences — Presumptions — Criminal Code, s. 320.35 — Did the accused rebut the presumption of operation by occupying the driver’s seat? — Entry to keep warm while awaiting a friend — Crown concedes presumption rebutted — Occupancy not for the purpose of setting the vehicle in motion — Presumption displaced<br />Criminal and statutory offences — Care and control — Criminal Code, s. 320.11, R. v. Boudreault — Did the Crown prove circumstances creating a realistic risk of danger? — Plan to avoid driving corroborated by defence witness — Vehicle backed into commercial lot, engine on for warmth — No evidence of intent to drive or post-consumption driving — Realistic risk not proven — Not guilty<br />Evidence — Sufficiency of evidence — Degree of impairment — Was impairment sufficient to infer risk or intention to drive? — In-car camera showed no obvious slurring — Physical coordination and compliance noted — Breath readings admitted did not establish impairment at material time — Dishevelled appearance and fatigue innocently explained — Evidence insufficient