G. Eldon Horner

The plaintiff brought a motion for interim dependant support and exclusive possession of a home and vehicle from the estate of her deceased partner.

The defendant estate trustees, the deceased's daughters, opposed the motion, arguing the plaintiff was not a 'spouse' under the Succession Law Reform Act.

The court applied the Molodowich factors and found the plaintiff and the deceased had cohabited continuously for over three years and that she was financially dependent on him.

The court granted the plaintiff $2,000 per month in interim support and conditional interim possession of the home and vehicle.

The appellant appealed a Small Claims Court decision regarding the purchase of a coin collection, arguing it was a sale by description and that some coins were counterfeit.

The Divisional Court dismissed the appeal on the merits, finding the contract was for specific goods that the appellant had ample opportunity to examine, thus caveat emptor applied.

However, the court allowed the appeal regarding costs, varying the trial costs award to the $1,500 maximum permitted under s. 29 of the Courts of Justice Act.

The appellant appealed his conviction, arguing that the trial judge's finding that he held a handgun, rather than an imitation, was unreasonable.

The Summary Conviction Appeal Court failed to squarely address this issue, but the Court of Appeal held that a reasonable trier of fact could conclude it was a handgun based on the complainant's belief, the description of the object, the appellant's conduct, and his threat to shoot.

The Court also found no error in the admission of bad character evidence as part of the narrative.

The appeal was dismissed.