Dunn

The applicants sought judicial review of the government's alleged failure to allocate adequate resources to fund treatment for autistic children, raising both administrative and constitutional arguments under ss. 7 and 15 of the Charter.

The Divisional Court declined to hear the constitutional arguments on a piecemeal basis, noting that a fuller record was being developed in related litigation (Wynberg and Deskin).

The court adjourned the constitutional issues pending the outcome of those cases and proceeded to hear only the administrative law issues.

The petitioner father brought a motion to terminate his child support obligations for his adult son and to rescind arrears.

The respondent mother brought a cross-motion for a declaration of arrears and a proportionate share of extraordinary post-secondary expenses.

The court found that the son was in full-time attendance at an educational institution for specific periods and reinstated the support obligation for those times.

The court fixed the child support arrears at $17,024 and ordered the petitioner to pay $13,639.50 for his 75% share of the son's extraordinary post-secondary expenses.

The appellant purchaser appealed a Small Claims Court judgment awarding the respondent vendor $6,000 in damages for an aborted real estate transaction and dismissing the appellant's third-party claim against her real estate agents.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's credibility findings or assessment of damages.

The court also held that the appellant could not rely on her own failure to pay the deposit to argue the agreement was null and void.

The Crown brought a motion to introduce evidence of the accused's discreditable conduct in a trial for sexual assault and unlawful confinement.

The proposed evidence involved prior incidents with the complainant, and a subsequent incident with a second complainant.

Applying the Handy framework, the court admitted the prior evidence involving the complainant, finding it highly probative of consent and animus, but excluded specific inflammatory details.

The court excluded the evidence involving the second complainant, concluding that despite its striking similarities, its highly inflammatory nature and prejudicial effect outweighed its probative value.

The appellant appealed a Small Claims Court judgment, arguing that the trial judge erred in calculating the date from which pre-judgment interest was owed on a $10,000 award.

The Divisional Court dismissed the appeal, noting that the appellant failed to provide a transcript of the assessment hearing.

Without a transcript, the court could not review the trial judge's reasons for exercising discretion under section 130(1) of the Courts of Justice Act to alter the interest period.

The appellant appealed a Small Claims Court judgment ordering her to pay $3,184.59 to the respondent purchasers for defects discovered after closing a real estate transaction.

The defects included a cracked water pipe that the appellant had concealed, leaks in the swimming pool covered by a surviving warranty, and a missing pool pump that the appellant had stored without notifying the purchasers.

The Divisional Court dismissed the appeal, finding no palpable or overriding error in the trial judge's findings of fact.