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Leave to appeal denied; adult grandson failed to establish prima facie case for interim dependant support.
The applicant, an adult grandson of the deceased, sought leave to appeal a decision dismissing his motion for interim support from his grandmother's estate.
The motions judge had found that the applicant failed to establish a prima facie case that he was a dependant whom the deceased was supporting immediately before her death.
The Divisional Court found no good reason to doubt the correctness of the motions judge's decision, noting the sporadic nature of the financial assistance and the deceased's deliberate removal of the applicant from her will.
The motion for leave to appeal was dismissed.
Sentence for attempted murder found unfit, but offender not re-incarcerated due to post-release rehabilitation.
The Crown appealed the sentence of two years less a day imprisonment plus two years of probation imposed on the respondent for the attempted murder of his estranged wife.
The respondent had intentionally driven his vehicle into his wife's vehicle.
The Court of Appeal found the sentence unfit, noting that the appropriate sentence would have been six years imprisonment less credit for time served, given the domestic context and the planned nature of the attack.
However, because the respondent had already been released and there was no evidence of further misconduct, the Court declined to re-incarcerate him, instead allowing the appeal only to increase the probation period from two to three years.