Dr. Payne

The plaintiffs brought a motion for court approval of a settlement reached on behalf of two infant plaintiffs, who were claimants under the Family Law Act following their father's car accident.

The court identified several deficiencies in the evidence, including the lack of a breakdown between damages and pre-judgment interest, unclear plans for the settlement funds, conflicting information regarding the family's living situation, and an apparent undervaluation of the infant plaintiffs' claims for loss of care, guidance, and companionship.

The court also noted the absence of recommended neuropsychological and in-home assessment reports.

Consequently, the court was unable to approve the settlement and ordered counsel to appear in court for further directions.

The Crown appealed a conditional sentence imposed after convictions for four counts of trafficking in a substantial quantity of heroin.

The majority held that the sentencing judge gave excessive weight to the respondent's psychological condition and erred by treating treatment of that condition as central to rehabilitation absent evidence connecting it to the offences.

While the respondent's history of torture and resulting post-traumatic stress disorder justified some reduction from the usual range, a community-based sentence was held unavailable for this level of heroin trafficking.

The court allowed the appeal, set aside the conditional sentence and probation order, and substituted a six-year penitentiary sentence.

The intervenor's motion to introduce fresh evidence on electronic monitoring was dismissed.