D. Kerr

The defendant pleaded guilty to trafficking in fentanyl.

On two occasions in January and February 2018, the defendant sold fentanyl patches from her prescription to another individual, totaling 18 patches of 25 micrograms each.

The Crown sought three years in penitentiary while the defence sought one year in reformatory.

The court imposed a sentence of one year in jail followed by one year of probation, considering the defendant's extraordinary personal circumstances, including a history of childhood sexual abuse, multiple mental and physical health conditions, genuine remorse, and lack of prior custody, balanced against the serious danger posed by fentanyl trafficking and the need for general deterrence and denunciation.

This endorsement addresses the issue of costs following a successful motion for temporary spousal support and an unsuccessful motion for interim disbursements.

The court found the applicant to be the successful party, despite the respondent's offer to settle, as the respondent's core position on spousal support was rejected.

Costs were fixed at $3,000 on a partial indemnity basis, payable forthwith by the respondent and treated as spousal support for enforcement.

The applicant sought temporary spousal support and interim disbursements under the Family Law Act.

The parties, married for 14-15 years and separated for 6-7 years, had disparate incomes.

The court awarded the applicant $2,000 per month in temporary spousal support, less than the $4,000 sought, due to uncertainties regarding her income and earning capacity.

The motion for interim disbursements was dismissed as the matrimonial home was soon to be sold, providing the applicant with funds.