Douglas J. Spiller

The defendant brought a third party records application seeking production of police misconduct records relating to three Ontario Provincial Police officers.

The court initially found the threshold of "likely relevant" had been met and ordered the OPP to produce the complaint and misconduct files for judicial inspection.

Upon review of the files, the court determined they were clearly irrelevant to the trial issues, including credibility and investigation quality.

The application was dismissed and the files were sealed pending any appeal period, after which they would be returned to the OPP.

The defendant brought applications for disclosure of police complaint and misconduct files relating to three Ontario Provincial Police officers who were to testify regarding the admissibility of a statement made by the defendant.

The applications were brought on two bases: first, as a McNeil records application seeking disclosure from the Crown; and second, as a third-party records application seeking production from the OPP.

The Crown advised that McNeil Reports had been reviewed and there was nothing to disclose.

The court found that the Crown had fulfilled its disclosure obligations under McNeil and dismissed the McNeil application.

However, the court found that the defendant had established "likely relevance" for the third-party records application and ordered the OPP to produce all complaint and misconduct files for judicial review.

Following a protracted family law trial primarily concerning the equalization of net family property and the valuation of the applicant's business, the court determined the issue of costs.

The court found that the parties had divided success on the central issue of business valuation, and thus each party would bear their own costs for that portion of the trial.

However, the applicant was successful on the remaining issues, including retroactive support and the value of the matrimonial home.

The court concluded that none of the offers to settle triggered Rule 18(14) cost consequences and rejected allegations of bad faith from both sides.

The applicant was awarded costs fixed at $45,950 plus HST for the issues on which she succeeded.

The respondents in a family law proceeding brought a motion for summary judgment to dismiss an application alleging fraudulent conveyances and trust claims against a new spouse, brought to secure enforcement of spousal support arrears.

The applicant alleged that assets transferred to the new spouse, including real property and corporate shares, were held in trust for the support payor and were transferred to defeat recovery of indexed spousal support arrears under a 1999 consent judgment.

The court found the new civil action premature because a motion to change the spousal support order and determine arrears was already pending.

The court held that enforcement-related claims against the new spouse should await the determination of whether the payor remained liable for the arrears or whether the support order would be varied.

The action was therefore stayed pending the outcome of the motion to change.