2 total
Interim motions decided; matrimonial home listing price reduced, spousal support and arrears deferred to trial.
The parties brought cross-motions on interim family law issues.
The applicant sought to reduce the listing price of the matrimonial home, payment of child support arrears, and contribution to consolidated debt.
The respondent sought interim and retroactive spousal support.
The court ordered the listing price of the matrimonial home reduced to $295,000, postponed the issue of child support arrears to trial, maintained the status quo on the consolidated debt, and declined to order interim spousal support as entitlement was not clearly established.
Conviction set aside and new trial ordered due to inadequate reasons and misapplication of burden of proof.
The young person appealed a conviction for an offence involving the issue of consent.
The Court of Appeal allowed the appeal, finding that the trial judge failed to resolve significant inconsistencies in the evidence regarding how the complainant met the appellant.
Furthermore, the trial judge erred by merely stating a preference for the complainant's evidence without properly applying the burden of proof beyond a reasonable doubt as required by W.(D.).
The conviction was set aside and a new trial ordered.
