C. Moore

The defendants brought a motion for summary judgment to dismiss the plaintiffs' derivative claims under section 61 of the Family Law Act.

The primary plaintiff's claim had previously been dismissed following a settlement.

The court held that derivative claims cannot continue once the primary claim is dismissed, applying the doctrine of res judicata.

In the alternative, the court found the action should be dismissed for delay, as the plaintiffs had failed to appoint new counsel or move the action forward.

The motion for summary judgment was granted and the action was dismissed without costs.

The Black Action Defence Committee applied for leave to intervene in a subpoena motion and procedendo application related to an ongoing criminal trial.

The accused, charged with human trafficking, alleged racial profiling and subpoenaed a police officer to testify.

The officer applied to quash the subpoena.

The proposed intervenor sought to make submissions on racial profiling.

The Superior Court of Justice dismissed the application, finding that interventions in criminal proceedings are rare and the proposed intervenor would not offer a contribution beyond what the accused could already provide.

The offender pleaded guilty to two counts of robbery and two counts of breach of probation.

Following his arrest, the offender developed a genetic disorder that rendered him a quadriplegic with complex, life-threatening medical needs.

The Crown sought a sentence of two years less a day, while the defence sought a suspended sentence.

The court found that a custodial sentence would have a disproportionate impact on the offender and that provincial institutions could not guarantee his medical needs would be met.

The court imposed a suspended sentence for the robberies and an 18-month conditional sentence for the probation breaches, followed by three years' probation.