2 total
Support and restraining relief granted after credibility findings devastated the applicant's claims.
Following a trial arising from the breakdown of a long-term common law relationship with two children, the court rejected the applicant's claims for spousal support, unjust enrichment, and a joint family venture.
The court made strong adverse credibility findings against the applicant, accepted the respondent's evidence, and relied on expert income valuation evidence to impute the applicant's income at $75,000 annually under the Child Support Guidelines.
Retroactive and ongoing child support, retroactive and ongoing section 7 contributions, life insurance security, and discharge of a certificate of pending litigation were ordered.
A three-year restraining order was also granted based on findings of prolonged emotional and physical abuse.
Stay for delay denied where delay exceeded Morin guidelines by only one month.
The accused applied for a stay of proceedings alleging unreasonable delay contrary to s. 11(b) of the Canadian Charter of Rights and Freedoms.
The period from charge to the scheduled trial date was approximately 29 months.
Applying the Morin framework, the court assessed waiver, reasons for delay, institutional limitations, and prejudice to the accused.
After deducting defence-caused delay and neutral time, the remaining Crown and institutional delay exceeded the Morin guidelines by only one month, and the prejudice to the accused was limited.
Balancing the seriousness of the charges and the modest degree of prejudice, the court concluded the delay was not unreasonable.
