Dr. Vijay Kumar

The mother appealed two orders: a temporary order denying her request for an adjournment, and a final order granting summary judgment to the Children's Aid Society on a status review application.

The summary judgment order continued the placement of the children with their father subject to Society supervision and denied the mother access.

The mother argued she was denied procedural fairness and that there were genuine issues for trial regarding her compliance with previous court orders requiring mental health treatment.

The Superior Court of Justice dismissed the appeals, finding the motion judge made no errors of law or fact, the mother failed to provide evidence of compliance with the previous orders, and there was no genuine issue for trial.

The appellant appealed his convictions for breaking and entering, kidnapping, and several sexual offences against a nine-year-old child, as well as his sentence.

The Court of Appeal found that the trial judge misapprehended the DNA evidence, which was not completely consistent with the appellant's guilt and contained exculpatory elements.

Consequently, the convictions for the sexual offences were set aside and a new trial was ordered.

The convictions for breaking and entering and kidnapping were upheld.

The sentence was reduced and the order delaying parole eligibility was set aside.