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Ontario Court of Justice Recent Decisions

• 2026-04-22 R. v. Puthirasigamany, 2026 ONCJ 228 (CanLII)
  Key Words: Criminal and statutory offences — Operation while prohibited — Elements of s. 320.18(1) — Whether the accused knew he was prohibited under provincial law — Administrative suspension under Highway Traffic Act, s. 41 following impaired operation conviction — Notice of Suspension terms, remedial program, ignition interlock — Accused operated while suspended and “took a chance” — Finding of guilt<br />Evidence — Documentary evidence — Canada Evidence Act, s. 23 — Whether a Notice of Suspension certified under the seal is admissible — Exhibit showed notice was sent to the accused — Ministry of Transportation record accepted as proof of provincial suspension status — Certified record relied on to establish prohibition — Record admitted<br />Rights and freedoms — Charter rights — Right to counsel — Whether there was a breach during roadside release after arrest — In-Car-Camera video showed understanding in English and request to speak with a lawyer — Accused declined station call and chose release — No investigative steps before release — No evidence of a right to counsel breach
• 2026-04-22 R. v. Ahmed, 2026 ONCJ 226 (CanLII)
  Key Words: Criminal and statutory offences — Sentencing — Careless driving causing death (Highway Traffic Act, s. 130(3)) — Whether non-custodial disposition is proportionate given regulatory nature and momentary lapse — Distinction between regulatory fault and criminal culpability affirmed (R. v. DeFreitas) — Aggravating and mitigating circumstances weighed, including vulnerability and remorse — Fine and probation with restricted driving imposed — Sentence fit and proper<br />Criminal and statutory offences — Sentencing — Joint submissions — R. v. Anthony-Cook — Should the court accept the joint submission or would it bring the administration of justice into disrepute — Comparable authorities and Provincial Offences Act purposes considered — Quid pro quo and certainty recognised — Proposed disposition within accepted range — Joint submission accepted<br />Evidence — Sentencing — Victim impact statements — Criminal Code, s. 722 applied by analogy — May the court consider multiple victim impact statements describing harm and loss — Overwhelming grief, trauma, and lasting void accepted — Statements filed and read into the record — Harm and consequences fully considered — Victim impact considered<br />Statutory interpretation — Provincial Offences Act — Victim fine surcharge — Application of s. 60.1 and O. Reg. 161/00 — Is a 25 percent surcharge on fines over $1,000 mandatory and how calculated — Surcharge determined on $2,500 fine — Additional $625 ordered, total fine $3,125 — Surcharge imposed
• 2026-04-17 R. v. Smith, 2026 ONCJ 223 (CanLII)
  Key Words: Criminal and statutory offences — Assault, Assault with a weapon — Whether the defendant assaulted the victim and used an axe — Elements proven by testimony that the victim was grabbed by the hair, pushed to the ground, and hit with the butt of the axe — Beyond a reasonable doubt standard applied — Comments about the devil during the confrontation considered — Defendant found guilty<br />Evidence — Credibility and reliability — Whether confusion about an electrician’s visit undermined recall — Credibility of the victim accepted, version clear and logical — Defendant’s version could not be believed, including pushing up steep stairs and wedging an axe in a door — W(D) framework acknowledged for assessing testimony — Crown’s burden discharged<br />Evidence — Reasonable doubt — Application of W(D), supported by Villaroman — Whether defence evidence, if not believed, nonetheless raised a reasonable doubt — Defendant’s evidence difficult to follow and internally inconsistent — Admission of grabbing by the hair referenced — Remaining evidence proved guilt beyond a reasonable doubt — No reasonable doubt found
• 2026-04-15 R. v. Gadsby, 2026 ONCJ 220 (CanLII)
  Key Words: Criminal and statutory offences — Sexual assault — Consent — Whether the complainant consented to sexual activity — Complainant repeatedly said no, stop, and do not touch me — Accused’s claim of sex as payment rejected — Remaining evidence proves beyond a reasonable doubt that the complainant did not consent — Charge of sexual assault arising after tattoo session — Accused found guilty<br />Evidence — Assessment of credibility — Reasonable doubt — Application of R. v. W.D. framework — Not a simple credibility contest — Whether the accused’s evidence raises a reasonable doubt — Accused’s testimony marked by inconsistency and evasiveness — Complainant’s evidence straightforward, sincere, and compelling — Accused’s evidence not believed and no reasonable doubt — Conviction maintained<br />Evidence — Corroboration — Forensic and documentary proof — Weight of DNA on interior crotch area of shorts — Text messages rejecting cuddles as consideration for tattoo — Messages and Agreed Statement of Facts consistent with complainant’s account — Accused’s contrary explanations unpersuasive — Corroborative evidence supports non‑consent beyond a reasonable doubt — Corroboration accepted
• 2026-04-14 R. v. L.V., 2026 ONCJ 216 (CanLII)
  Key Words: Criminal and statutory offences — Sentencing — Breach of probation and fail to appear — Application of Criminal Code ss. 718, 718.1, 718.2 — Whether persistent non-compliance justifies custody — Denunciation and deterrence emphasised, restraint and proportionality applied — Prior community sanctions ineffective — Totality considered — Concurrent 30‑day custodial terms imposed<br />Criminal and statutory offences — Sentencing — Breach of probation — What is the fit sentence for repeated breach and failing to appear — Guilty plea not mitigating given delay and strength of case — Failure to appear treated as aggravating, Singh, 2015 ONSC 904, Mangat, 2021 BCCA 450 — Range and proportionality assessed — Custodial sentence imposed<br />Criminal and statutory offences — Conditional sentence — Community-based sanctions — Whether a conditional sentence is appropriate — Original conditional sentence and successive probation orders failed to foster compliance — Denunciation and specific deterrence require custody — Less restrictive sanctions no longer suitable under ss. 718 to 718.2 — Conditional sentence refused<br />Criminal and statutory offences — Probation — Community service — Should further probation or community service be ordered — Risk of trapping offender in further cycle of breaches — Public resources and realistic compliance considered, Scherer, 16 CCC 3d 30 — Rehabilitation tools exhausted — Further probation and community service declined<br />Criminal and statutory offences — Restitution — Stand‑alone order — Whether to issue a stand‑alone restitution order under Criminal Code s. 738 — Devgan factors applied, means and purpose considered, Stover, 2025 ONSC 2062 — Civil proceedings absent, responsibility to repay maintained — Modest balance, enforceability in Superior Court — Restitution order granted