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• Nouvelles décisions : Cour de justice de l’Ontario

Cour de justice de l’Ontario – décisions récentes

• 2025-06-25 R. v. Martinez-Calderon, 2025 ONCJ 341 (CanLII)
  Key Words: Criminal infractions — Criminal harassment — Threatening conduct — Defendant approached a 13-year-old girl, commented on her appearance, offered her a ride, and followed her bus in his car — Did the defendant's conduct constitute criminal harassment under section 264(2)(d) of the Criminal Code? — Conduct viewed objectively as threatening and instilling fear — Criminal Code, R.S.C. 1985, c. C-46, s. 264(2)(d)<br />Evidence — Credibility of witnesses — Complainant's testimony corroborated by video evidence — Defendant's testimony found unreliable due to inconsistencies and lack of credibility — Was the complainant's fear for her safety reasonable in the circumstances? — Test for reasonable fear assessed objectively with consideration of the complainant's age and context<br />Criminal procedure — Mens rea — Recklessness or wilful blindness — Defendant claimed he believed the complainant was over 18 years old — Did the defendant know or was he reckless as to whether his conduct harassed the complainant? — Mens rea established through recklessness and wilful blindness — Criminal Code, R.S.C. 1985, c. C-46, s. 264(1)
• 2025-06-24 R. v. VanHartsKamp, 2025 ONCJ 340 (CanLII)
  Key Words: Criminal infractions — Sentencing — Proportionality — Denunciation — Deterrence — Rehabilitation — Guilty plea to assault and uttering threats — Offences committed on public transit against a racialized victim and her child — What is the appropriate sentence for the accused? — Framework for balancing sentencing principles under section 718 of the Criminal Code<br />Indigenous peoples — Gladue principles — Intergenerational trauma — Fetal Alcohol Spectrum Disorder (FASD) — Indigenous offender with history of systemic discrimination and abuse — How should the offender's Indigenous background and personal circumstances affect sentencing? — Application of Gladue and Ipeelee principles to reduce moral culpability<br />Rights and freedoms — Hate-motivated offences — Racialized victim — Aggravating factors — Offender's use of hateful language during assault — Does the racialized and hate-motivated nature of the offences constitute an aggravating factor? — Section 718.2(a)(i) of the Criminal Code and its application to hate-based crimes<br />Transportation — Public transit — Vulnerable victims — Aggravating factors — Offences committed on subway train against a mother and child — Should the public transit setting and the presence of a child victim be considered aggravating factors? — Section 718.2(a)(ii.1) and case law on crimes in public transit settings
• 2025-06-20 R. v. Lam, 2025 ONCJ 338 (CanLII)
  Key Words: Criminal procedure — Investigative detention — Reasonable suspicion — Police stopped the accused's vehicle based on a 911 call and observations of the vehicle — Was the stop lawful under the reasonable suspicion standard? — Standard for investigative detention requires a clear nexus between the detainee and a recent or ongoing criminal offence — R. v. Mann framework applied<br />Rights and freedoms — Charter of Rights — Section 8 — Search and seizure — Police observed a firearm in plain view through the rear window of the accused's vehicle — Did the observation constitute an unreasonable search? — Plain view doctrine applied — No reasonable expectation of privacy in items visible through a vehicle's window<br />Constitution — Charter of Rights — Section 10(a) — Right to be informed of reasons for detention — Police failed to inform the accused of the initial reason for the stop — Did this omission violate section 10(a)? — Obligation to promptly communicate all reasons for detention — Breach conceded by the Crown<br />Constitution — Charter of Rights — Section 10(b) — Right to counsel — Delay in informing the accused of his right to counsel — Police questioned the accused about incriminating matters before he consulted counsel — Did this violate section 10(b)? — Police must promptly inform detainees of their right to counsel and hold off questioning — Breach conceded by the Crown<br />Constitution — Charter remedies — Section 24(2) — Exclusion of evidence — Evidence obtained following alleged Charter breaches, including a firearm and drugs — Should the evidence be excluded? — Application of the R. v. Grant framework — Breaches found to be moderately serious but with minimal impact on the accused's Charter-protected interests — Strong public interest in adjudicating the case on its merits favored admission of evidence
• 2025-06-18 D.E.S.A. v. N.B., 2025 ONCJ 335 (CanLII)
  Key Words: Family — Parenting issues — Decision-making responsibility — Parenting time — Success on parenting issues divided between the parties — Assessment of dominant issues and divided success — Framework for determining success in family law cases — Subrule 24(3) presumption of costs entitlement for successful party — Subrule 24(4) allowing apportionment of costs for divided success — Governing principles from Lazare v. Heitner, 2018 ONSC 4861, and Jackson v. Mayerle, 2016 ONSC 1556<br />Family — Child support — Retroactive support — Imputed income — Section 7 expenses — Success on child support issues divided — Mother slightly more successful — Imputation of income to father for 2024 and 2025 — Retroactive support ordered starting October 1, 2021 — Shared parenting arrangement affecting support obligations — Subrule 24(3) presumption of costs entitlement rebutted by unreasonable conduct<br />Civil procedure — Costs in family law — Principles of reasonableness and proportionality — Offers to settle — Subrule 24(12) costs consequences for failure to accept offers — Neither party's offer met the threshold for costs consequences — Governing principles from Mattina v. Mattina, 2018 ONCA 867, and Wilson v. Kovalev, 2016 ONSC 163<br />Civil procedure — Unreasonable conduct — Impact on costs — Mother's unreasonable conduct rebutting presumption of costs entitlement — Unilateral decisions, abusive communications, and non-compliance with court orders — Conduct unduly lengthening trial and increasing costs — Governing principles from Weber v. Weber, 2020 ONSC 6855, and Jackson v. Mayerle, 2016 ONSC 1556<br />Civil procedure — Costs determination — Discretionary nature of costs awards — Factors under subrule 24(14) of the Family Law Rules — Reasonableness of legal fees, offers to settle, and party behaviour — No costs awarded to either party due to divided success and unreasonable conduct
• 2025-06-16 R. v. Mohammed, 2025 ONCJ 331 (CanLII)
  Key Words: Criminal infractions — Accessory after the fact — Manslaughter — Sentencing — Offender pleaded guilty to being an accessory after the fact to manslaughter — What is the appropriate sentence considering the principles of sentencing, including denunciation, deterrence, rehabilitation, and restraint? — Sentence must be proportionate to the gravity of the offence and the offender’s degree of responsibility — Criminal Code, R.S.C. 1985, c. C-46, ss. 718, 718.1, 718.2<br />Statutory interpretation — Sentencing principles — Conditional sentences — Application of section 742.1 of the Criminal Code — Does the offender meet the statutory prerequisites for a conditional sentence? — Offence not excluded from conditional sentencing — Sentence less than two years imposed — Conditional sentence consistent with sentencing principles — Criminal Code, R.S.C. 1985, c. C-46, s. 742.1<br />Criminal procedure — Conditional sentences — Community safety — Offender’s low risk of reoffending — Whether a conditional sentence endangers community safety — Offender’s compliance with strict bail conditions and rehabilitative efforts considered — Conditional sentence deemed appropriate — Criminal Code, R.S.C. 1985, c. C-46, s. 742.1<br />Evidence — Mitigating and aggravating factors — Sentencing — Offender’s cooperation, remorse, and prior conduct — Offender’s guilty plea, remorse, and cooperation with authorities considered mitigating — Aggravating factors include the offender’s assistance to the principal offender and the impact on the victim’s family — Sentencing principles balanced to reflect these factors — Criminal Code, R.S.C. 1985, c. C-46, s. 718.2<br />Criminal procedure — Credit for time served — Bail conditions — Offender spent nine days in custody and 22 months under strict bail conditions — Credit applied to reduce the notional sentence — Calculation of net sentence based on pre-sentence custody and bail conditions — Criminal Code, R.S.C. 1985, c. C-46, s. 719; R. v. Summers, 2014 SCC 26