3 total
Accused acquitted decision
M. D. was charged with sexual interference and sexual assault against his granddaughter, M. V., alleged to have occurred in 2008.
The complainant testified that the defendant sexually assaulted her while she was watching television.
The defendant denied the allegations, citing his severe mobility issues due to Paget's disease, which would have made the alleged actions physically impossible within the described timeframe.
The court applied the principles from R. v. W.(D.) regarding credibility and reasonable doubt.
While finding the complainant believable, the court found the defendant's and his son's evidence regarding his physical limitations credible, creating a reasonable doubt as to whether the incident could have occurred as described.
The defendant was acquitted.
Mother awarded sole custody and permitted to relocate due to father's relentless unfounded abuse allegations.
A custody and access dispute concerning a child born in 2009 to parents who had a brief, conflicted relationship.
The applicant father sought joint custody with primary residence, while the respondent mother sought sole custody with supervised access.
The case involved a high-conflict history with 27 court appearances and 16 temporary orders.
The central issue was whether the child should relocate with the mother to Kapuskasing for employment purposes or remain in North Bay with the father.
The court applied the mobility factors from Gordon v. Goertz and Berry v. Berry to determine the child's best interests.
The court dismissed a grandmother's motion for temporary access to her grandchildren, prioritizing parental autonomy.
A paternal grandmother sought access to her two grandchildren following a breakdown in her relationship with the children's parents.
The grandmother had previously provided regular child care and logistical support but was denied all contact with the children after February 2011 when she withdrew her assistance.
The court dismissed the grandmother's motion for temporary access, finding that although the parents acted somewhat arbitrarily in severing contact, the relationship bonds had dissipated over the two-year period of separation and the ongoing acrimony between the parties posed too great a risk to the children's wellbeing to justify court-ordered access.