2 total
The court partially set aside a default judgment regarding child custody but upheld child support.
The father (T.D.) brought a motion to set aside a default order that had granted sole custody to the mother (A.C.) and ordered child support, and to extend time for filing his Answer and financial documents.
The default order was issued after the father failed to comply with a consent order to file documents.
Applying the five-factor test from Mountain View Farms Ltd. v. McQueen, the court found the motion was brought promptly and there was a plausible, though not strong, excuse for the default.
The court set aside the sole custody order, finding an arguable defence with an "air of reality" regarding custody and access, but upheld the child support order due to greater prejudice to the mother and the availability of an annual review.
The father was ordered to file his documents within 10 days and pay previous costs.
The offender was sentenced to life imprisonment with 20 years of parole ineligibility for the brutal stabbing deaths of two victims.
Benjamin Marki was found guilty by a jury of two counts of second-degree murder, one count of intentionally or recklessly causing damage by fire to a residence, and one count of improperly interfering with human remains.
The convictions stemmed from the brutal stabbing deaths of two victims, Wilfred Potts and Anne Chuchmuch, followed by the deliberate setting of fire to their residence and Ms. Chuchmuch's body.
The court considered the mandatory life sentence for murder and determined the parole ineligibility period, taking into account the offender's character, the nature and circumstances of the offences, the jury's recommendations, and Gladue factors.
The court imposed a life sentence with no parole eligibility for 20 years on each murder count, to be served concurrently, along with time served for the arson and indignity to human remains charges.
