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Ontario Court of Justice Recent Decisions

• 2026-10-08 R. v. Persaud, 2026 ONCJ 590 (CanLII)
  Key Words: Criminal and statutory offences — Fraud over $5,000 — Elements — Deceit, falsehood or other fraudulent means — Actus reus and mens rea, including deprivation and risk to pecuniary interests — Beyond a reasonable doubt standard applied to the offence charged under Criminal Code, s. 380(1)(a) — Guilt proven on the whole of the evidence — Guilty finding entered<br />Criminal and statutory offences — Fraud — Misrepresentations — Buddha statues and fictitious persona — Whether “Swamiraavi” existed and could make Buddha statues — Accused purchased a statue and inscribed “Swamiraavi” — No other statues delivered and money not repaid — Scheme found to obtain money through deceit and falsehood — Guilt proven<br />Criminal and statutory offences — Fraud — Misrepresentations — Law-related purposes — Whether money was obtained for licence reinstatement and employment-related expenses and used for other purposes — No banking records of payments to a law society or licensing-related expenses — Records reflected purchases of a personal nature — Loss attributable to law-related component found — Guilt proven<br />Criminal and statutory offences — Fraud — Reasonable doubt — Credit cards and chequing account use — Whether Accused obtained or used credit cards and chequing account through deceit or falsehood — Monthly statements showed extensive personal spending and no law-related expenditures — No complaints of unauthorized use, communications focused on repayment — Reasonable possibility of agreed personal use with repayment — Reasonable doubt found<br />Evidence — Weight — Potentially exculpatory material — Promissory note and repayment efforts — Whether the promissory note was exculpatory or capable of raising a reasonable doubt — Note prepared without complainant’s knowledge or input and not signed by complainant — Worthless cheque and NSF return treated as consistent with ongoing deception — Note afforded no exculpatory value — Reasonable doubt not raised
• 2026-10-07 R. v. Cabral, 2026 ONCJ 588 (CanLII)
  Key Words: Criminal and statutory offences — Seizure and detention of things seized — Criminal Code, s. 490 — Scope of OCJ authority in summary return application — Whether s. 490 permits unwinding disputed ownership and complex title issues — Section not intended to usurp civil courts’ function — Summary direction for return of seized property — Vehicle returned<br />Criminal and statutory offences — Return of seized property — Lawful owner or entitlement to possession — Criminal Code, ss. 490(10) and (11) — Burden on applicant on balance of probabilities — Whether registered owner established lawful ownership for return — Ministry registration and documented transfer relied upon — Judicial direction to police on disposition — Return ordered<br />Property — Title and chain of title — Fraudulent transfer allegations — Nemo dat principle referenced, Sales of Goods Act, s. 22 — Whether probable fraud in earlier transfer blocks later purchaser’s claim — Registration not treated as curing fraud but remains operative — Bona fide arm’s length purchase and due diligence assessed — Vehicle returned
• 2026-10-06 R. v. Mabey, 2026 ONCJ 586 (CanLII)
  Key Words: Criminal and statutory offences — Sentencing — Assault, s. 266, Criminal Code — Fit and proportionate sentence — Whether assault constitutes intimate partner violence under s. 2 — Statutory aggravating factor, s. 718.2(a)(ii) and s. 718.201 — Denunciation and deterrence emphasised — Jail and probation imposed<br />Criminal and statutory offences — Sentencing — Proportionality, ss. 718.1 to 718.2, Criminal Code — Whether custodial sentence required — Aggravating factors, extensive criminal record, repeated non-compliance with court orders — Mitigating factors, health challenges and age — Community-based sanctions found to have failed — Imprisonment ordered<br />Criminal and statutory offences — Sentencing — Conditional sentence orders, s. 742.1, Criminal Code — Whether conditional sentence order appropriate — R. v. Proulx criteria applied — Community safety assessed against lengthy record and recidivism — Consistency with purposes and principles of sentencing considered — Conditional sentence rejected — Custodial sentence imposed<br />Criminal and statutory offences — Sentencing — Consecutive sentences — Assault and breach of probation — Whether consecutive terms fit where offences arose from same circumstances — Distinct legally protected interests considered — Assault conviction and probation breach addressed separately — Consecutive imprisonment imposed — Sentence imposed
• 2026-10-01 R. v. Beet-Benmergui, 2026 ONCJ 574 (CanLII)
  Key Words: Criminal and statutory offences — Seizure and detention — Return of property — Criminal Code, s. 490(9)(c) order declaring lawful entitlement — Funds seized during criminal investigation, charges withdrawn or stayed — Whether return order must be complied with absent further proceedings — Order re-issued and immediate return directed<br />Procedure — Enforcement of court orders — Compliance with return order — Whether police may refuse to comply with prior s. 490(9)(c) order — Court orders must be obeyed unless stayed, set aside, or overturned — Reliance on advice from Civil Law Branch addressed — Application granted, return ordered<br />Property — Detention of seized property — Civil forfeiture interface — Civil Remedies Act, 2001, s. 18.2 invoked to maintain possession — Whether s. 18.2 authorises continued detention despite criminal return order — Need for interlocutory Superior Court order emphasised — Continued detention rejected, property returned<br />Procedure — Appeals — Finality of s. 490 orders — Criminal Code, s. 490(17) appeal right for “person who feels aggrieved” — No appeal taken within 30-day period — Whether return order can be effectively paused without appeal or stay — Collateral attack rejected, order enforced<br />Statutory interpretation — Crown positions — Indivisibility and fairness — Whether Crown may take inconsistent positions between Criminal and Civil Law divisions on lawful entitlement — Notice to accused regarding potential CRA proceedings discussed — Role as Minister of Justice and fairness principles referenced — No determinative ruling required, application allowed and return ordered
• 2026-10-01 R. v. C.H., 2026 ONCJ 575 (CanLII)
  Key Words: Criminal and statutory offences — Youth Criminal Justice Act — Access to youth records — Youth Criminal Justice Act, s. 123 — Crown application for access to youth records for s. 752.1 Criminal Code assessment — Records not yet before the Youth Court — Access to sealed materials to be determined under s. 123(1) test — Matter to proceed<br />Procedure — Motions — Dismissal — Whether Crown’s application should be dismissed as premised on inaccessible youth information — Preliminary issue on reliance grounds — Crown entitled to rely on information received in support of s. 123 application — Application not dismissed — Matter proceeds<br />Criminal and statutory offences — Youth Criminal Justice Act — Records and publication — Youth Criminal Justice Act, ss. 2, 110, 118 — Whether CCAS child protection files are “records” kept under the YCJA — Whether obtaining and using CCAS records by production order is “publication” — CCAS records not YCJA records — No publication found<br />Criminal and statutory offences — Youth Criminal Justice Act — Disclosure to service providers — Youth Criminal Justice Act, s. 125(6) and s. 125(7) — Whether caseworker notes were founded on information disclosed under s. 125(6) — Notes appeared sourced from workers, caregivers, family members, or the young person — s. 125(7) not engaged — Reliance permitted<br />Procedure — Youth court — Sealing and in-camera review — Procedure on s. 123 application where YCJA provides none — Records to be delivered under subpoena to the court and held under seal — Parties permitted to review records in an in-camera fashion for submissions — R. v. P.A.D. endorsed — Procedure ordered