Decisions

Subscribe to the RSS Feed for Ontario Court of Justice Decisions

• New Decisions : Ontario Court of Justice

Ontario Court of Justice Recent Decisions

• 2025-10-10 R. v. Gyory, 2025 ONCJ 536 (CanLII)
  Key Words: Criminal infractions — Driving with blood alcohol concentration exceeding legal limit — Defendant charged under s. 320.14(1)(b) of the Criminal Code — Defendant’s blood alcohol concentration confirmed to exceed 80 milligrams per 100 millilitres of blood — Whether the Crown proved the offence beyond a reasonable doubt — Evidentiary requirements for conviction under s. 320.14(1)(b) — Criminal Code, R.S.C. 1985, c. C-46, s. 320.14(1)(b)<br />Criminal procedure — Admissibility of Certificate of Qualified Technician — Service of certificate on defendant — Whether proof of service can be established by circumstantial evidence or inference — Crown relied on signatures on certificate to establish service — Standard of proof for admissibility of certificate evidence — Criminal Code, R.S.C. 1985, c. C-46, s. 320.32(2)<br />Criminal procedure — Oral testimony of qualified technician — Admissibility of breath test results without certificate evidence — Preconditions for admissibility of breath test results at common law — Whether the instrument was in good working order and properly used — Crown relied on viva voce testimony to establish blood alcohol concentration — Criminal Code, R.S.C. 1985, c. C-46, s. 320.31(1)
• 2025-10-09 R. v. T.J.L., 2025 ONCJ 530 (CanLII)
  Key Words: Criminal infractions — Sexual assault — Assault — Uttering death threats — Accused charged with sexual assault, assault, and uttering death threats — Did the Crown prove the essential elements of the offences beyond a reasonable doubt? — Application of the R. v. W.(D.) framework to assess credibility and reliability — Findings of guilt for all three charges based on complainant’s credible and reliable evidence<br />Evidence — Credibility and reliability — Conflicting testimony — Complainant alleged sexual assault, assault, and death threats — Accused denied allegations and claimed complainant fabricated them out of anger — Did the complainant’s evidence prove the allegations beyond a reasonable doubt? — Framework from R. v. W.(D.) applied to assess credibility and reliability of conflicting evidence<br />Evidence — Testimonial demeanour — Learning disability — Accused’s pauses and uncertainty during testimony — Should the accused’s learning disability affect the assessment of credibility? — Court excluded testimonial demeanour from credibility analysis due to the accused’s learning disability<br />Criminal procedure — Burden of proof — Presumption of innocence — Application of R. v. W.(D.) — Accused’s evidence inconsistent and improbable — Complainant’s evidence credible and reliable — Did the Crown meet its burden of proof beyond a reasonable doubt? — Presumption of innocence displaced by evidence proving guilt beyond a reasonable doubt
• 2025-10-08 R. v. Shergill, 2025 ONCJ 527 (CanLII)
  Key Words: Criminal procedure — Impaired driving — Driving with excess blood alcohol — Single-vehicle collision — Police investigation — Screening demand — Arrest — Right to counsel — Did the prosecution prove beyond a reasonable doubt that the defendant was impaired? — Standard of proof for impaired driving — Prosecution failed to meet the burden of proof — Defendant acquitted of impaired driving and driving with excess blood alcohol<br />Evidence — Impaired driving — Proof of impairment — Odour of alcohol — Dazed behaviour — Collision circumstances — Whether evidence of impairment was sufficient to meet the standard of proof — Alcohol on breath insufficient without more — Evidence equally consistent with accident and injuries — Prosecution failed to establish impairment beyond a reasonable doubt<br />Constitution — Charter of Rights — Right to counsel — Section 10(b) — Police conduct — Arbitrary time limit for contacting counsel — Police bypassing detainee in facilitating access to counsel — Did the police likely breach the defendant’s right to counsel? — Police acted unreasonably — Defendant’s right to counsel breached<br />Constitution — Charter remedies — Exclusion of evidence — Breath test results — Section 24(2) of the Charter — Seriousness of breach — Impact on defendant’s rights — Public confidence in the administration of justice — Should the breath test results be excluded as a remedy for the Charter breach? — Evidence excluded — Defendant acquitted of driving with excess blood alcohol
• 2025-10-08 R. v. B.G., 2025 ONCJ 528 (CanLII)
  Key Words: Child protection — Production of child protection records — Privacy interests — Applicant sought production of child protection records from 2016, 2018, and 2022 — Whether the records were "likely relevant" to issues at trial or the competence of a witness — Whether production was "necessary in the interests of justice" — Balancing privacy rights of Complainants and Applicant's right to make full answer and defence — Criminal Code, ss. 278.3, 278.5<br />Criminal procedure — Third-party records — Likely relevance — Applicant sought production of child protection records to challenge credibility and reliability of Complainants — Whether Applicant established evidentiary foundation for likely relevance — Court found no case-specific evidence or information to support relevance of disputed records — Criminal Code, s. 278.3<br />Criminal procedure — Interests of justice — Privacy versus full answer and defence — Applicant argued production of child protection records was necessary to make full answer and defence — Court held privacy rights of Complainants outweighed probative value of records — Production not constitutionally required — Criminal Code, s. 278.5<br />Constitution — Privacy rights — Full answer and defence — Balancing fundamental rights — Court considered privacy rights under s. 8 of the Charter and Applicant's right to make full answer and defence — Privacy rights of Complainants in child protection records found to be substantial — Production denied where records lacked probative value — Canadian Charter of Rights and Freedoms, s. 8
• 2025-10-08 R. c. Belmkaddem, 2025 ONCJ 534 (CanLII)
  Key Words: identifiants — données — bots — accusé — marché