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Ontario Court of Justice Recent Decisions

• 2026-07-24 R. v. Li, 2026 ONCJ 438 (CanLII)
  Key Words: Procedure — Sentencing — Continuation before another judge — Whether the court has authority to proceed with sentencing under Criminal Code, s. 669.2(1) — Original judge unavailable, no sentence hearing held, guilty plea transcript filed — Proceedings may be continued before another judge with jurisdiction — Court confirms power to impose punishment without further election — Jurisdiction confirmed<br />Procedure — In absentia proceedings — Sentencing when accused absconds — Whether s. 475(1)(b) permits sentencing in absence — Absconding proven beyond a reasonable doubt, reliance on Singh and Chand — Sufficient information filed, including Mental Health Act report, treatment documents, victim impact statement, CBSA traveller history — Interests of justice favour proceeding in intimate partner violence case — Motion to proceed in absence granted
• 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
• 2026-07-22 R. v. Zhang, 2026 ONCJ 430 (CanLII)
  Key Words: Statutory interpretation — Smoke-Free Ontario Act — Packaging requirements — Whether products were “packaged in accordance with the regulations” under s. 8 — Incorporation of O. Reg. 268/18 and Nicotine Concentration in Vaping Products Regulations, s. 4(1), s. 5 — Excise Act, 2001, ss. 158.47, 158.48 stamping and Health Canada warnings considered — 5 percent nicotine, no duty-paid stamps, no warnings — Improper packaging established — Convictions registered<br />Criminal and statutory offences — Provincial offences — Sale or offer to sell — Did the interaction constitute a sale under s. 8 Smoke-Free Ontario Act — Undercover purchase, price quoted, cash left on counter, product provided — Clerk’s “tip only” explanation rejected — Finding that the 5 percent nicotine product was presented and sold at the retail establishment — Essential elements proven — Convictions registered<br />Criminal and statutory offences — Defences — Entrapment in regulatory context — Is entrapment available for random adult test shopping under the Smoke-Free Ontario Act — R. v. Clothier applied, distinction between criminal and regulatory law — Good faith, non-discriminatory compliance monitoring at multiple stores found — Entrapment defence unavailable — Convictions registered<br />Criminal and statutory offences — Strict liability — Due diligence — In a strict liability prosecution, did the defendants establish due diligence — Knowledge inferred from hesitation and product retrieval, failure to inquire or prevent storage of 5 percent nicotine vapes — R. v. Wholesale Travel Group Inc. cited on regulatory purpose and minimum standards — Due diligence defence rejected — Convictions registered
• 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