Dr. Book

The plaintiff brought an action for damages arising from a motor vehicle incident where he abruptly stopped to avoid downed guy wires caused by the defendants' snow plow.

The plaintiff claimed to have suffered electrocution and permanent, debilitating headaches.

The court found the plaintiff's evidence unreliable and uncorroborated, concluding he suffered only soft tissue injuries that resolved within two years.

The defendants' motion to dismiss the non-pecuniary claims for failing to meet the statutory threshold under the Insurance Act was granted.

The claims for past and future income loss were also dismissed as the plaintiff had been fully compensated by prior benefits.

The children's aid society sought a temporary care order for three children following an incident where the 10-year-old child was found in a vehicle with illegal drugs, weapons, and two adults who had been residing in the mother's home.

The mother sought the return of all three children.

The court found that the mother and the father of the two younger children shared 'charge' of those children prior to the intervention.

The court concluded there was a reasonable basis to believe the children would likely suffer actual harm if returned to the mother due to her poor judgment and exposure of the children to the drug trade.

The court ordered the oldest child to remain in the society's care and the two younger children to remain in the care of their father, subject to society supervision.

In a temporary care hearing under the Child and Family Services Act, the court determined whether three children should remain in the care of the Society or be returned to their mother's care.

The central issue was whether the mother had sole charge of the two younger children prior to intervention, or whether charge was shared with the father.

The court found that the mother's poor judgment in exposing the children to a serious drug trafficking situation, combined with her lack of cooperation with the Society's investigation and her provision of false information, established a reasonable basis to believe the children would suffer harm if returned to her care.

A supervision order was found inadequate to mitigate the risks.

The court ordered the oldest child to remain in the Society's care with the maternal grandmother as kin-in-care placement, and the two younger children to remain with their father subject to supervision.

The respondent father brought a motion to vary child support and reduce arrears accumulated under a final order requiring him to pay $375 per month.

The applicant mother opposed the motion.

The court found that while the father experienced a material change in circumstances by May 2009 (unemployment following layoffs), he was intentionally underemployed from May 2009 through May 2014.

The court imputed an annual income of $41,600 to the father based on his earning capacity as a certified drywall finisher, maintaining his support obligation at $375 per month for the retroactive period.

The court reduced arrears by $5,000 and ordered the father to repay remaining arrears at $500 per month, increasing to $675 per month following the child's adoption by the mother's new partner.