Fregeau

The applicant mother brought a motion for temporary child support for four children based on the respondent father's previously estimated income of $120,000.

The father, who was in default of his financial disclosure obligations, argued support should be based on his current Employment Insurance income of $33,800.

The court found it inequitable to impose support based on the estimated income given the evidence of EI receipt, and ordered temporary child support based on the $33,800 income on a without prejudice basis, while ordering the father to provide outstanding financial disclosure.

During a civil trial, the defendant physician sought to admit hearsay statements made by his deceased office assistant regarding her attempts to contact the plaintiff to reschedule a cancelled appointment.

The court held a voir dire to determine the threshold reliability of the statements under the principled exception to the hearsay rule.

Finding that the assistant's statements were corroborated by physical evidence, including a contemporaneous note and telephone records, the court ruled the statements met the threshold reliability requirement and were admissible for the truth of their contents.

The Commissioner of the OPP applied for certiorari to quash a warrant of committal that ordered an offender to serve an intermittent sentence at the Pikangikum OPP detachment.

The Superior Court of Justice granted the application, finding that the sentencing judge erred in law on the face of the record.

The court held that under the Ministry of Correctional Services Act, sentences of imprisonment must be served in a correctional institution, and under the Criminal Code, intermittent sentences require appropriate accommodation, which a temporary police lock-up facility does not provide.

The applicant's family law application was struck due to her failure to comply with undertakings and court orders.

The respondent sought costs on a full recovery basis, citing the applicant's unreasonable behaviour and an unaccepted offer to settle.

The court awarded costs on a partial indemnity basis, noting the applicant's difficulties as a self-represented litigant and her inability to discuss the offer to settle with counsel.

The applicant was ordered to pay $17,000 in costs.