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Accused found guilty of assault causing bodily harm after court rejects fabricated self-defence claim.
The accused was charged with assault causing bodily harm and uttering threats after severely beating an intoxicated man who mistakenly knocked on his door in the middle of the night.
The accused admitted to the physical altercation but claimed he acted in self-defence, believing the man was an armed assassin.
The court rejected the accused's testimony as fabricated and inconsistent with his actions, finding instead that the accused instigated the unprovoked beating out of irritation.
The Crown successfully disproved the self-defence claim beyond a reasonable doubt, resulting in findings of guilt on both charges.
Life insurance policy clawed back to provide $250,000 in dependant support for the deceased's children.
The deceased died intestate, leaving his $300,000 life insurance policy to his current wife.
His ex-wife, acting personally and as estate trustee, applied under the Succession Law Reform Act to claw back the policy to support herself and their two children.
The court found the children had a strong legal and moral claim due to outstanding child support and post-secondary expenses, while the ex-wife's claim was weak as she had received a lump sum prior to death and was self-sufficient.
The current wife also had a strong claim as a dependent spouse.
Balancing the claims, the court ordered $250,000 of the policy clawed back for the children's support, with the remaining $50,000 to the current wife.
