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• Nouvelles décisions : Cour de justice de l’Ontario

Cour de justice de l’Ontario – décisions récentes

• 2026-04-09 R. v. Da Rosa, 2026 ONCJ 207 (CanLII)
  Key Words: Criminal and statutory offences — Sentencing — Fraud under $5,000 — Fit sentence for two counts of fraud contrary to s. 380(1) — Impersonation of licensed paralegal undermining confidence in administration of justice — Denunciation and deterrence prioritized under s. 718 — Proportionality applied per Parranto — Six months on each count concurrent, followed by probation — Custodial sentence imposed<br />Criminal and statutory offences — Sentencing — Conditional sentence orders — Whether conditional sentence order available and appropriate under s. 742.1 — Community safety and consistency with ss. 718 to 718.2 assessed — Real risk of reoffending per Proulx, para. 69 — Service in community would be contrary to sentencing purpose and principles — Conditional sentence order refused<br />Criminal and statutory offences — Sentencing — Aggravating and mitigating factors — Abuse of position of trust and impact on victims under s. 718.2(a)(iii) and (iii.1) — Mental health evidence considered with no causal connection per Lojovic — Potentially harsher incarceration impact noted per Purvis — Guilty plea and remorse attenuated — High moral culpability found — Sentence increased within range — Custodial sentence maintained<br />Criminal and statutory offences — Sentencing — Consecutive or concurrent sentences — Applicability of totality under s. 718.2(c) and consecutive authority under s. 718.3(4)(b)(i) — Distinct wrongs considered with Al‑Enzi — Whether consecutive sentences warranted for multiple offences — Totality satisfied by concurrent terms — Restitution ordered under s. 738(1)(a) — Concurrent sentences ordered and restitution made
• 2026-04-09 R. v. Spence-Branagh, 2026 ONCJ 210 (CanLII)
  Key Words: Criminal and statutory offences — Assault — Proof beyond a reasonable doubt — Whether Crown proved assault under s. 266 — Complainant’s account marked by internal inconsistencies and inaccuracies — Delay in statement and lack of cooperation considered — Corroboration by injuries and 911 calls assessed against reliability concerns — Reasonable doubt persists — Accused acquitted on assault<br />Evidence — Credibility and reliability — Domestic context — Whether complainant’s inconsistencies, intoxication, and delayed reporting undermine reliability — Absence of proven motive to fabricate not determinative — Spontaneous utterances to front desk and 911 call weighed — Conflicting accounts about stairs, elevator, and barricading examined — Complainant’s evidence found unreliable<br />Evidence — Corroboration — Injuries and eyewitness observations — Whether corroborating evidence overcomes reliability deficits — Blood observed by witnesses and police accepted — Hallway “towering” and argument heard lacked direct observation of blows — Prior inconsistent statement about falling on stairs considered — Corroboration insufficient to prove assault — Conviction not supported<br />Criminal and statutory offences — Breach of probation — Failure to keep the peace, s. 733.1(1) — Whether breach established where committal depended on assault — Crown conceded breach turned on assault count — Assault not proven beyond a reasonable doubt — Breach charge cannot stand — Accused acquitted on breach
• 2026-04-09 Homeward v. Miller, 2026 ONCJ 213 (CanLII)
  Key Words: Family — Child support — Variation — Material change threshold — Whether either party established a material change since the existing final order under Colucci v. Colucci, 2021 SCC 24 — Existing order grounded in minimum-wage imputation — Evidentiary onus not met to revisit final order — No effective date determination required — Motion to change and cross‑motion dismissed<br />Family — Income determination — Student grants — Whether OSAP grants should be included in income and grossed‑up for child‑support purposes — Grants tax‑free, recurrent, used for living expenses — Mwenda v. Matituka, 2018 ONCJ 503, applied in Fiorenza v. Mitic, 2024 ONCJ 467 and K.H.S. v. K.S., 2025 ONCJ 436 — Inclusion considered but no material change in earning capacity — Support order unchanged<br />Family — Imputation of income — Minimum wage — Whether continued imputation of at least minimum‑wage earning capacity remains appropriate — Evidence of job‑search efforts thin and unparticularized — Schooling not shown to reduce support where income already imputed — Capacity to earn minimum wage not disproved — No upward variation established — Variation refused
• 2026-04-08 Toronto (City) v. Allison, 2026 ONCJ 205 (CanLII)
  Key Words: Criminal and statutory offences — Provincial offences — Short‑term rentals — Charges under City of Toronto Municipal Code, Chapter 547 — Whether defendant carried on business without being registered and failed to include registration number in advertisement — Booking and deposit proven, advertisement not proven — Count 1 made out, due diligence rejected — Count 2 not made out — Conviction on count 1, second charge dismissed<br />Criminal and statutory offences — Strict liability — Due diligence — Whether due diligence defence negates liability for operating without registration — Knowledge application was “being processed” and no registration number issued — Alternatives included waiting for own registration number — Post‑offence steps treated as sentencing considerations — Reasonable mistake of fact not established — Due diligence defence rejected<br />Criminal and statutory offences — Advertising offences — Operator registration number — Whether actus reus proven for failure to include registration number in advertisement — No screenshot or proof of public notice — Compliance referral and listing number insufficient — Speculation about removed listing rejected — Actus reus not proven beyond a reasonable doubt — Charge dismissed<br />Statutory interpretation — Municipal licensing — Carrying on business — Meaning of “reservation” and “carry on the business” (City of Toronto Act, s. 86, Chapter 547) — Does a booking before registration amount to operating as an “operator”? — Reservation defined as a booking and commitment — Harmonious reading of text, context and purpose — Actus reus of operating without registration established<br />Evidence — Business records — Stay data — Admissibility and weight of Airbnb stay data and Salesforce records — Business records affidavits admitted after disclosure addressed — Records compared and identical — Officer’s testimony credible, hearsay exceptions applied — Proof of booking, operator ID and deposit accepted — Reliability of records confirmed — Records admitted
• 2026-04-02 Ankrah v. Amponsah, 2026 ONCJ 197 (CanLII)
  Key Words: Procedure — Costs — Entitlement — Parenting time claim struck — Presumptive entitlement to costs under subrule 24(14) — Whether the applicant is entitled to costs as the successful party — Respondent failed to complete APCO intake despite multiple extensions — Presumption not rebutted — Costs awarded<br />Procedure — Costs — Quantum and conduct — Reasonableness and proportionality under subrule 24(14) — Whether unreasonable conduct justifies elevated costs — Respondent’s non-compliance and abandonment caused needless expense — Hourly rate reasonable — Time limited to parenting time issue — Amount the unsuccessful party could reasonably expect to pay — Costs fixed at $3,955<br />Procedure — Costs — Payee — Legal Aid Services Act, 2020, s. 12(1) — Should costs be payable directly to Legal Aid Ontario — Receipt of legal aid not a factor in assessing costs — Court declines to involve itself in internal legal aid arrangements — Applicant may assign costs to Legal Aid Ontario — Costs payable to the applicant<br />Procedure — Costs — Enforcement and payment terms — Ability to pay considered without excusing unreasonable conduct — Whether a payment schedule should be ordered — Limited means addressed through modest monthly payments with acceleration clause — Payments to remain in good standing or full amount becomes due — Monthly payment schedule ordered