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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. 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 R. v. Da Rosa, 2026 ONCJ 207 (CanLII)
  Key Words: Criminal and statutory offences — Sentencing — Proportionality and moral culpability — What is a fit sentence for two counts of fraud under $5,000 — Denunciation and deterrence emphasised under s. 718 and s. 718.1 — Abuse of appearance of legal authority as aggravating — Mental health and guilty plea considered but limited mitigation — Six months’ incarceration concurrent plus probation imposed<br />Criminal and statutory offences — Conditional sentence orders — s. 742.1 — Whether a conditional sentence order is available and appropriate — Public safety and risk of reoffending assessed under Proulx, 2000 SCC 5 — Service in the community inconsistent with purpose and principles in ss. 718 to 718.2 — Real risk of like reoffending found — Conditional sentence refused<br />Criminal and statutory offences — Sentencing structure — Consecutive or concurrent terms — Should terms run concurrently or consecutively in light of totality — Distinct wrongs and totality considered under s. 718.2(c) and s. 718.3(4)(b)(i) — Reference to R. v. Al-Enzi, 2025 ONCA 485 — Fitness of overall sentence assessed — Concurrent terms imposed<br />Criminal and statutory offences — Restitution and probation — Restitution and conditions — Whether restitution orders and probationary conditions should be imposed — s. 738(1)(a) orders for amounts owed to victims — Probation with counselling, non-contact, and prohibition on offering or advertising legal services — Victim fine surcharge waived under s. 737(2.1)(a) — Restitution ordered and probation with conditions imposed
• 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
• 2026-04-02 R. v. Patel, 2026 ONCJ 200 (CanLII)
  Key Words: Criminal and statutory offences — Impaired operation and 80-plus — Elements and proof — Whether impairment and blood alcohol concentration offences made out — Evidence of slow driving, angled parking, slurred speech and bloodshot eyes — Certificate of a Qualified Breath Technician, s. 320.14(1)(a)(b) Criminal Code — R. v. Stellato applied to level of impairment — Findings of guilt entered<br />Rights and freedoms — Charter s. 7 — Self‑incrimination — Does section 7 shield the accused’s courtroom behaviour and words from later use? — Fitzpatrick described contextual self‑incrimination limits — Observations in open court not compelled, no duty to caution — Crown properly reported suspected impaired driving — No section 7 breach — Charter application dismissed<br />Rights and freedoms — Charter ss. 9 and 8 — Detention and arrest — Did police have reasonable grounds to detain and arrest for impaired operation? — Gardner affirmed highway safety purpose for stops — Macfie summarized reasonable grounds standard — Slurred speech, bloodshot eyes, angled parking and complaint supported arrest — No section 9 or 8 breach — Charter applications dismissed<br />Procedure — Charter applications — Summary dismissal — Should the Charter application be summarily dismissed as manifestly frivolous? — R. v. Haevischer set rigorous threshold and fairness rationale — Late, sparse materials but alternative adjournment available — Novel claims not obviously futile — Applications heard on merits — Summary dismissal refused