Daniel H. Dagago

The Applicant and Respondent, who were together for over 15 years and have three children, separated in January 2014.

This endorsement addresses cross-motions for interim relief.

The Respondent sought temporary custody, increased child support, temporary spousal support, and release of all condominium sale proceeds.

The Applicant sought to decrease child support, dismiss spousal support, and divide proceeds equally with credits.

The court confirmed the Applicant's income at $51,556 for temporary child support, dismissing both parties' requests to change it.

Temporary spousal support was declined, though the Respondent was found entitled in principle, pending further medical disclosure regarding her ability to work.

Temporary custody was granted to the Respondent by consent.

A portion of the Applicant's share of the condominium sale proceeds was ordered to be paid to the Respondent for special expenses and ongoing child support.

A settlement conference was scheduled.

The accused was found guilty of assault causing bodily harm, assault with a weapon, and causing someone to take a noxious thing against his former girlfriend.

The court weighed the aggravating factors of domestic violence and significant physical injuries against the mitigating factors of the accused being a first-time offender with good prospects for rehabilitation.

The court imposed a global sentence of two years less a day, credited the accused with 19.5 months for pre-sentence custody at a 1.5:1 ratio, and ordered him to serve the remaining 4.5 months in custody followed by two years of probation.

The accused was charged with aggravated assault, assault with a weapon, and administering a noxious substance following a violent domestic assault against the complainant.

The Crown alleged that during an argument the accused struck the complainant with a wooden cutting board, repeatedly kicked her, and compelled her to drink bleach.

The accused denied any violence and asserted that the complainant injured herself after confessing infidelity.

Applying the credibility framework in R. v. W.(D.), the court rejected the accused’s testimony and accepted the complainant’s evidence, which was corroborated by medical records, photographs, and physical evidence from the apartment.

The court held that the Crown proved assault with a weapon and causing the complainant to take a noxious thing, but was not satisfied that the injuries amounted to “maiming” for aggravated assault; instead, the accused was convicted of the included offence of assault causing bodily harm.

The appellant appealed a trial judge's decision placing the child with the mother under the supervision of the Children's Aid Society.

The Court of Appeal found no error in the trial judge's conclusion that this placement was in the best interests of the child, and that placement with the appellant was not.

The appeal was dismissed.