2 total
The accused breached his LTSO by entering a tavern but not by breaking residence rules.
The accused was convicted of sexual assault and sentenced to 2 years, 5 months and 15 days in custody with a Long Term Supervision Order (LTSO) for ten years.
The National Parole Board imposed conditions including a prohibition on entering establishments where the primary source of income is derived from the sale of alcohol, and a requirement to reside at an approved community-based residential facility.
The accused was charged with breaching both conditions by entering an off-track betting establishment in the basement of a tavern and by failing to abide by residence rules.
The court dismissed the first charge but found the accused guilty on the second charge, holding that the tavern must be considered as a single entity where the primary source of income is derived from alcohol sales.
Bad faith disclosure failures justified full indemnity costs and litigation restrictions.
Costs were determined following three family law motions concerning financial disclosure in related proceedings involving a motion to change child support and an application by an adult child for support.
Two motions sought to strike pleadings for failure to comply with financial disclosure obligations, while a third sought disclosure from another party.
The court held that the responding parties had acted in bad faith by failing to comply with prior disclosure orders and by obstructing disclosure required under the Family Law Rules and the Child Support Guidelines.
Full indemnity costs were awarded to the moving parties for the motions to strike, while partial indemnity costs were awarded on the disclosure motion.
The court also ordered that the costs were on account of child support, enforceable through the Family Responsibility Office, and prohibited further motions by the offending parties until the costs were paid.
