Purchase This Domain

Property — Partition and sale — Writ of possession — Joint ownership — Application for partition and sale of a jointly owned property under the Partition Act — Sole ownership and writ of possession for another property — Did the application judge err in granting the relief sought? — Partition Act, R.S.O. 1990, c. P.4 — Rules of Civil Procedure, r. 60.10 — Principles governing partition and sale and writ of possessionStatutory interpretation — Jurisdiction — Courts of Justice Act — Appeal jurisdiction under section 6(2) of the Courts of Justice Act — Whether the Court of Appeal for Ontario had jurisdiction to hear an appeal involving relief under the Partition Act and a writ of possession — Interpretation of section 6(2) of the Courts of Justice Act — Governing principles from Billimoria v. MistryCivil procedure — Adjournments — Procedural fairness — Refusal to grant adjournment — Whether the application judge’s refusal to grant an adjournment resulted in procedural unfairness — Factors considered in denying adjournments, including compliance with court orders and prior opportunities to file materials — Principles from Graham v. Vandersloot and IgbinosunSale — Partition and sale — Jointly owned property — Application for partition and sale under the Partition Act — Whether the application judge erred in granting the order for partition and sale — Burden on opposing party to establish malicious, vexatious, or oppressive conduct to defeat partition and sale — Shemish v. Benarzi appliedEstates and trusts — Powers of attorney — Litigation guardians — Challenge to validity of powers of attorney — Whether the application judge erred in refusing to consider allegations of invalidity of powers of attorney — No evidence supporting allegations of false testimony or incomplete execution — Principles governing litigation guardianship

Criminal infractions — Criminal negligence causing death — Sentencing — Appellant convicted of criminal negligence causing death after high-speed pursuit of victim on a motorcycle — Seven-year custodial sentence imposed — Was the sentence demonstrably unfit? — Principles of proportionality and moral culpability in sentencing — Trial judge’s discretion in balancing aggravating and mitigating factors — Sentence upheld as fit and appropriateCriminal procedure — Sentencing appeals — Fitness of sentence — Appellant challenged seven-year custodial sentence for criminal negligence causing death — Whether trial judge erred in assessing proportionality and aggravating factors — Standard of review for demonstrably unfit sentences — Sentence upheld as within the trial judge’s discretionStatutory interpretation — Highway Traffic Act — Licence suspension — Lifetime driver’s licence suspension imposed under s. 41(4) of the Highway Traffic Act — Whether trial judge erred in assessing the proper duration of suspension — Distinction between Criminal Code driving prohibitions and Highway Traffic Act licence suspensions — Lifetime suspension set aside and remitted for reconsideration — Public protection as the guiding principle

Criminal infractions — Sexual interference — Sexual assault — Recklessness — Reasonable steps to ascertain age — Appellant convicted of sexual interference and sexual assault involving a 14-year-old complainant — Did the trial judge err in finding the appellant reckless and failing to take reasonable steps to verify the complainant’s age? — Trial judge’s findings supported by evidence — No basis for appellate interference with convictionsCriminal procedure — Sentencing — Fitness of sentence — Appellant sentenced to five years for sexual offences against a minor — Aggravating factors included repeated sexual activity, creation of child pornography, and significant harm to the complainant — Mitigating factors included no prior criminal record and genuine remorse — Was the sentence manifestly unfit or based on an error in principle? — Sentence within established range — No appellate intervention warranted