D. Cunningham

The Sarnia-Lambton Children's Aid Society brought a motion to add Aamjiwnaang First Nation (AFN) as a party to a child protection Status Review Application concerning a child whose father is a status member of AFN.

AFN opposed being added, arguing that its participation is an entitlement, not an imposition, and that it has limited resources and the child is not eligible for band membership.

The court granted the motion, finding that under the Child, Youth and Family Services Act (CYFSA) and federal legislation, the representative of a child's band is a mandatory party, and this status serves the child's best interests by preserving the option for future participation and ensuring all entitlements under child protection legislation.

The court emphasized that while party status is mandatory, active participation is not compelled.

The plaintiffs, investors in a real estate development, sought to register a Certificate of Pending Litigation (CPL) against three lots and to register a preservation order regarding a vendor take-back mortgage on title.

The property had been sold to a third-party developer, Brampton G&A. The court dismissed the motion, finding that the parties had previously agreed not to register orders on title, the property was an investment property rather than unique, and the existing preservation order requiring mortgage payments to be paid into court provided sufficient protection without encumbering the third party's title.

This costs endorsement addresses three motions within a consolidated proceeding.

The court awarded substantial indemnity costs to the Adair parties (defendants) against the Pichelli parties (plaintiffs) for their successful summary judgment motions, finding that the allegations of fraud and malfeasance were unsubstantiated.

For the summary judgment motion brought by the Vuletic defendants against the Pichelli parties, costs were reserved to the trial judge due to unresolved factual disputes, including an allegation of forgery.

Finally, for a motion to vary a previous decision regarding Ante Kegalj, the Pichelli parties were awarded partial indemnity costs, significantly reduced from their claim, due to the straightforward nature of the motion and issues with their bill of costs.

The defendant pleaded guilty to driving with excess alcohol (160 milligrams per 100 millilitres of blood) and operating a motor vehicle while disqualified from doing so, both offences occurring on March 7, 2017.

The defendant had an extensive criminal record including four previous drinking and driving convictions between 1995 and 2003, and seven previous driving while disqualified or prohibited offences between 1998 and 2013.

The court imposed a sentence of 12 months imprisonment (concurrent on both charges), a lifetime driving prohibition, and 36 months probation with conditions including mandatory alcohol treatment and counselling.

The applicant and the Director of the Family Responsibility Office brought motions to determine the distribution of the remaining proceeds from the sale of the matrimonial home.

The respondent owed significant child support arrears, while a non-party brother held a default judgment against the respondent, and the CRA held liens for tax arrears.

The court held that under the Creditors' Relief Act, the support arrears had priority over the non-party's civil judgment, but not over the CRA's liens for debts owed to the Crown.

The court ordered the CRA liens to be paid first, followed by the support arrears.

The applicant was awarded costs of $10,170 against the respondent.

The defendant pleaded guilty to robbery contrary to s. 344 of the Criminal Code.

He accosted an 81-year-old woman at an automated banking machine on Yonge Street in Richmond Hill, used force to rob her of approximately $500, and damaged her eyeglasses valued at approximately $500.

The court imposed a sentence of 6 months imprisonment, less credit for 108 days of presentence custody (credited at 1.5 days per day for a total of 162 days), leaving 18 days to be served.

The defendant was also placed on probation for 36 months with conditions including substance abuse counselling, a no-contact order with the victim, a 100-metre distance restriction, restitution of $1,000, and a 10-year weapons prohibition.