Douglas Turner

The Court of Appeal for Ontario dismissed the appeal by the appellants, finding no palpable and overriding error or extricable legal error in the motion judge’s interpretation of minutes of settlement incorporated into a court order.

The court held that the motion judge correctly applied contractual interpretation principles, considered the relevant factual matrix, and properly refused to rely on subjective and contradictory evidence.

The appellants’ argument regarding severance of joint tenancy was rejected.

Costs of $8,000 were awarded to the estate.

The Crown appealed the acquittal of James Bernard for driving with excess blood alcohol.

The trial judge had found violations of Mr. Bernard's s. 10(b) Charter rights (informational and implementational components) and excluded breathalyzer evidence under s. 24(2).

The Superior Court of Justice, on appeal, found that the trial judge misapprehended the evidence and erred in law regarding the s. 10(b) Charter analysis, particularly concerning officer safety exceptions and the feasibility of roadside counsel consultation.

The court also found errors in the s. 24(2) Grant analysis.

The appeal was granted, the acquittal set aside, and a new trial ordered.

The Applicant Father sought to confirm and enforce an Alberta court order for the return of the child, Denzel James, to Alberta, and for the father to be designated as the primary care parent.

The Respondent Mother opposed this motion and filed a cross-motion for the Ontario court to assume jurisdiction over custody and access, and to grant her sole custody.

The central issue was which forum, Ontario or Alberta, had jurisdiction.

The court found that Alberta had jurisdiction, as the child's habitual residence was Alberta, the mother removed the child without the father's consent or a court order, and there was no evidence that the child would suffer serious harm if returned to Alberta.

The court dismissed the mother's cross-motion and ordered the child's return to Alberta, emphasizing the public policy against child abduction.