Blandie Samson

This decision addresses a Crown application under section 117.05 of the Criminal Code for the disposition of firearms seized without a warrant from Melissa Dupree, who was subject to a Form 1 Mental Health Act intervention due to concerns about suicide risk.

The Court analyzed whether it was "not desirable" in the interests of safety that Ms. Dupree possess firearms, applying the legal test focused on current risk and responsibility as a gun owner.

Despite the initial concerns, the evidence, including psychiatric and psychological assessments and credible testimony from Ms. Dupree and her husband, established that she did not pose a risk to herself or others at the time of the hearing.

The Court denied the Crown’s application for forfeiture and prohibition, ordering the return of the firearms.

The defendant, University of Ottawa, brought a motion to dismiss a proposed class action for delay under section 29.1 of the Class Proceedings Act, 1992.

The action, commenced in May 2018, was subject to a mandatory dismissal date of October 1, 2021, due to transition provisions, as no certification motion had been filed nor a timetable agreed upon or ordered.

The plaintiff argued that settlement negotiations constituted steps to advance the proceeding and that promissory estoppel applied.

The court found that settlement negotiations do not satisfy the statutory requirements and that there was no evidence to establish promissory estoppel.

The motion was granted, and the action was dismissed with costs.