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Ontario Court of Justice Recent Decisions

• 2026-02-19 R. v. Ahmed, 2026 ONCJ 85 (CanLII)
  Key Words: Criminal and statutory offences — Criminal harassment — Elements — Whether the complainant’s place of residence was watched with continuous attention — Reasonableness of fear for safety assessed — Complainant harassed by surreptitious recordings, anxiety and time off work — Actus reus complete when recordings captured — Guilt proven beyond a reasonable doubt — Conviction entered<br />Criminal and statutory offences — Mens rea — Subjective awareness — Whether the accused would be subjectively aware that watching the complainant’s place of residence would cause her to be harassed — Discovery of the device of no moment — Surreptitious recording constituted prohibited conduct — Crown proved mens rea beyond a reasonable doubt — Conviction entered<br />Statutory interpretation — Criminal Code, s. 264(2)(c) — Meaning of “watching” — Whether continuous physical presence is required — Broad and purposive approach considering technological advancements — Surreptitious video device capturing visual imagery equals watching — Actus reus complete when recordings captured — Interpretation adopted rejecting contrary view — Conviction entered<br />Evidence — Circumstantial evidence — Inferences — Whether the only reasonable inference is that the accused would view the recordings he deliberately facilitated — R. v. Villaroman applied — Videos show intentional installation and adjustment — Credibility and reliability of complainant accepted — Proof beyond a reasonable doubt established — Conviction entered
• 2026-02-19 Re Application for extension of a detention of seized items pursuant to s. 490 (2) of the Criminal Code, 2026 ONCJ 84 (CanLII)
  Key Words: Procedure — Seizure and detention — Criminal investigations — Criminal Code, s. 490(2)(a) — Whether to extend detention of seized property having regard to the nature of the investigation — Narrow inquiry focused on investigative needs, not police conduct — Authorities applied, Tennina, McNamara — Extensive multilingual records, devices, cryptocurrency seed phrases — Extension justified — Extension granted for nine months<br />Procedure — Seizure and detention — Duration of detention — Criminal Code, s. 490(3) — Whether a further nine‑month extension to the statutory maximum is warranted — Complex financial investigation involving cryptocurrency and translation of documents — Data extraction and tracing of funds required — Scope suggests nine months may be ambitious yet necessary — Extension granted for nine months<br />Procedure — Seizure and detention — Fairness of application — Criminal Code, s. 490(1)(a), s. 490(2)(a) — Do sealed warrants and absence of pre‑charge disclosure affect fairness of a s. 490(2) application — Disclosure right does not crystallize until proceedings instituted — Detailed application record provided ensured fairness — Sealing does not justify shortened detention — Extension granted for nine months<br />Procedure — Seizure and detention — Scope of inquiry — Criminal Code, s. 490(2)(a) — Are concerns about police conduct, pace, or manner of investigation relevant on a s. 490(2) application — Extraneous concerns immaterial, court does not encroach on investigative or prosecutorial discretion — Pace and quality beyond jurisdiction, per McNamara and Tennina — Extension granted for nine months
• 2026-02-18 R. v. Luu, 2026 ONCJ 86 (CanLII)
  Key Words: Criminal and statutory offences — Sentencing — Fraud contrary to s. 380(1)(a) — Proportionality and objectives — What sentence is proportionate for breach of trust fraud, balancing denunciation, deterrence and rehabilitation — Rehabilitation attenuating denunciation and deterrence — Custodial sanction warranted yet tailored to present rehabilitation — Six-month conditional sentence imposed<br />Criminal and statutory offences — Conditional sentence — Availability under s. 742 — Is a conditional sentence available and appropriate for this offence — Not an excluded offence and no minimum sentence — Consistency with fundamental principles of sentencing satisfied — Community safety and restraint assessed — Conditional sentence imposed<br />Criminal and statutory offences — Multiple offences — Overlapping timelines — How post-plea conduct affects sentencing given reliance on R. v. Burke — Offending continued after guilty pleas with additional cheques cashed — Additional blameworthiness recognized while sentencing reflects current rehabilitation — Conditional sentence imposed<br />Criminal and statutory offences — Aggravating and mitigating factors — Breach of trust — Significant breach of trust, numerous transactions, little hope of restitution, prior similar frauds — Early guilty plea, accountability, family support, stable employment, addiction treatment and SMART facilitation — Factors balanced with emphasis on demonstrated rehabilitation — Conditional sentence imposed
• 2026-02-17 Majlesi v. Damanpak-Rizi, 2026 ONCJ 81 (CanLII)
  Key Words: Family — Spousal support — Entitlement — Family Law Act, s. 30, subs. 33(8)-(9) — Whether the applicant is entitled on compensatory and non-compensatory grounds — Economic disadvantage and decline in standard of living established — Reasonable self-sufficiency efforts recognised — Bracklow v. Bracklow and Rioux v. Rioux applied — Entitlement recognised<br />Family — Imputation of income — Applicant — Whether income should be imputed to the applicant — Part-time work while attending college full-time — Reasonable career path toward self-sufficiency — Annual income of $12,000 used for analysis — No additional income imputed — No income imputed to applicant<br />Family — Imputation of income — Respondent — Whether income should be imputed to the respondent — Kohli v. Thom framework considered — Medical evidence accepted, no employability found — Gifts from parent imputed as income — $14,000 for 2025, $8,000 annually from April 2026 — Partial income imputed from gifts<br />Family — Spousal support — Quantum and duration — Ability to pay — Spousal Support Advisory Guidelines — Whether spousal support is payable now given inability to pay — Social assistance excluded from income under SSAG — Zero monthly range generated — No present ability to pay — Review permitted upon settlement or judgment from accident claim — Spousal support denied at present, review permitted
• 2026-02-17 R. v. Owen, 2026 ONCJ 83 (CanLII)
  Key Words: Criminal and statutory offences — Sentencing — Possession of child sexual abuse and exploitation material — Criminal Code, s. 163.1(4) — What is a fit sentence under Pike and Friesen? — Denunciation and deterrence prioritised under s. 718.01 — Collection vast and depraved, including numerous videos — Absence of some aggravating features considered — Range situated below five years for first offender — Sentence of 28 months imposed<br />Criminal and statutory offences — Conditional sentence — Availability and fitness — Is a conditional sentence appropriate given M.M. and Pike? — Must first determine if sub‑two‑year sentence proportionate — Denunciation and deterrence would not be vindicated by community sentence — No exceptional circumstances rendering incarceration inappropriate — Conditional sentence unavailable<br />Criminal and statutory offences — Mitigation — Mental disorder and first offender — To what extent do mental health and lack of record reduce sentence? — No causal link between illness and offence established — Increased onerousness of custody acknowledged — Remorse and acceptance of responsibility credited — Principle of restraint applied to shortest effective term — Sentence reduced but custodial<br />Evidence — Exhibits — Viewing representative sample of CSAEM at sentencing — Should the judge view the images and what probative value? — P.M. and R.P.A. considered — Images uniquely convey gravity and harms beyond written description — Representative sample reviewed by court and sealed — Viewing appropriate and informative on gravity — Sentence confirmed