Helen M. Pierce

The court sentenced Isaac Talbot-Hall for manslaughter after he pleaded guilty to stabbing Shawn Newsome in Thunder Bay.

The decision reviews the facts, the impact on the victim’s family, the positions of Crown and defence, the offender’s background, and the aggravating and mitigating factors.

The court considered the harsh conditions of pre-sentence custody and applied a reduction to the sentence.

The final sentence was ten years, reduced by one-half year for harsh conditions and by 1,400 days for pre-sentence custody, with additional ancillary orders.

The decision addresses a motion for production of solicitors’ files in an estate dispute.

The applicant, Gary Brian Prosser, sought production of files, notes, and records relating to real estate transactions and wills of the deceased, Anne Jaun, and the respondent, Rudy Jaun.

The court held that Gary was entitled to Anne’s solicitors’ files but not to Rudy’s, as the latter were protected by solicitor-client privilege and no exception or waiver applied.

The court also found that the applicant had not met the onus to establish a secret trust or a right to the trust documents.

The motion was granted in part, ordering production of Anne’s documents only.

The court considered costs following a summary judgment motion in a copyright dispute between the Lakehead District School Board and Anna Mauro o/a 807 ISC Thunder Bay.

The plaintiff sought substantial indemnity costs, arguing complete success and an entitlement to elevated costs.

The court found the plaintiff was not wholly successful, as punitive damages were not awarded and no valid Rule 49 offer was served.

The court determined the claimed costs were excessive and not proportional, ultimately awarding the plaintiff partial indemnity costs fixed at $8,000, inclusive of fees, disbursements, and HST.

The court considered written submissions on costs following the plaintiffs' success in two related defamation actions against the defendant, Brian Webster.

The plaintiffs were awarded substantial indemnity costs due to the egregious nature of the defendant's conduct and the failure to accept reasonable offers to settle.

The court found the plaintiffs' costs reasonable and rejected the defendant's arguments for lower costs, emphasizing the importance and complexity of the proceedings and the impact on the drag community.

The court considered written submissions on costs following the plaintiffs' success in two related defamation actions against the defendant.

The plaintiffs were awarded substantial indemnity costs in both actions, reflecting the court's view of the defendant's egregious conduct and the importance of deterrence.

The court rejected the defendant's arguments for lower costs and found the plaintiffs' bills of costs reasonable, noting the complexity and significance of the proceedings, including the involvement of expert witnesses and an intervenor.

This decision concerns a costs award following motions between former spouses regarding parenting and child support.

The respondent father sought full recovery costs after being successful in obtaining primary care of the parties’ three younger children.

The court found that while the father was successful, full indemnity costs were excessive and instead awarded partial indemnity costs, fixed at $22,135.32, enforceable as child support.

The decision reviews the principles governing costs under the Family Law Rules, the parties’ conduct, and the proportionality of the costs claimed.

The court granted summary judgment in two related libel actions brought by Felicia Crichton, John-Marcel Forget, Rainbow Alliance Dryden, and Caitlin Hartlen against Brian Webster.

The plaintiffs alleged that Webster's social media posts falsely labelled them as "groomers" and pedophiles, causing reputational harm and distress.

The court found the posts were defamatory, identified the plaintiffs, and were published to third parties.

Webster's defences, including fair comment, were rejected.

The court awarded each plaintiff $75,000 in general damages and $20,000 in aggravated damages, finding Webster's conduct was malicious and constituted hate speech.

The court granted summary judgment in two related libel actions brought by Rainbow Alliance Dryden, Caitlin Hartlen, Felicia Crichton, and John-Marcel Forget against Brian Webster.

The plaintiffs alleged that Mr. Webster published defamatory posts on Facebook, falsely associating them with grooming and sexual predation of children.

The court found the posts were defamatory, identified the plaintiffs, and were published to third parties.

The court rejected Mr. Webster’s defences, including fair comment, and found he acted with malice.

General and aggravated damages were awarded to each plaintiff.

The applicants sought orders to remove the respondent as executor and estate trustee of the Estate of Milton Westover, revoke her certificate of appointment, and appoint a replacement trustee.

The applicants alleged the trustee delayed administration, had conflicts of interest, wasted assets, failed to account, disrespected court orders, and lacked capacity.

The respondent argued the applicants lacked standing.

The court dismissed the application, holding that the applicants, as judgment creditors or potential judgment creditors, did not possess the requisite "financial interest" in the estate to establish standing under Rule 75.04 of the Rules of Civil Procedure, consistent with a narrow interpretation of this term in estate litigation.

The Lakehead District School Board (the Board) brought a motion for summary judgment against Anna Mauro, operating as 807 ISC Thunder Bay, alleging copyright and moral rights infringement.

The Board claimed Mauro produced and sold clothing featuring names, mascots, logos, and colour schemes of its schools without authorization.

Mauro argued the works were not registered, not original, and her designs were sufficiently different.

The court found that copyright subsisted with the Board, was infringed by Mauro, and granted declarations, a permanent injunction, delivery up of infringing works, and damages representing disgorgement of profits.

The Board's claim for punitive damages was dismissed.

The applicants, charged with drug and firearm offences, sought an order under the Criminal Code and Charter to access $186,269 seized during their arrest to pay for reasonable legal expenses.

The Crown opposed, arguing a third party had an interest in the funds and that the applicants had not been refused Legal Aid.

The court granted the application, finding the applicants established a possessory interest, demonstrated no other person had a valid claim (as the co-accused had absconded), and that applying for Legal Aid would be futile given the circumstances and complexity of the case.

The court also found the proposed legal fees reasonable for senior counsel.

The applicant mother sought an interim variation of a final parenting order and updated child support.

The respondent father sought summary judgment to dismiss the mother's motion or narrow the issues.

The court found material changes in circumstances, including the children's maturing views, the mother's non-compliance with residency restrictions, and significant school absenteeism for the younger children while in the mother's care.

The court granted summary judgment, varying the final order to establish primary care for each child based on their best interests and school attendance, and adjusted child support accordingly.

Edward Dunnill brought a motion to change a 2013 final order, seeking to annul his marriage based on a Philippine order and arguing Maria Dunnill had abandoned her claims for net family property and support arrears.

The court dismissed the motion regarding claims by Legal Aid Ontario and the Township of Manitouwadge, but accepted Maria Dunnill's affidavit and notice of withdrawal, confirming her abandonment of personal claims.

The court varied the 2013 order to delete Maria Dunnill's claims for net family property and support arrears, and directed the Sheriff to recalculate the distribution of funds, while preserving the claims of Legal Aid Ontario and the Township of Manitouwadge.

Gregory Parker, a 42-year-old man with no prior criminal record, pleaded guilty to possession of 450 grams of cocaine for the purpose of trafficking.

Police found him in a residence with significant quantities of various drugs, large sums of cash, and a taser, indicating a commercial-scale operation.

Parker stated his motivation was financial hardship.

The Crown sought a penitentiary term of three to four years, emphasizing denunciation and deterrence due to the commercial scale and the impact of drug trafficking in Thunder Bay.

The defence sought a conditional sentence of two years less a day, or alternatively, an 18-month Downes credit for his strict bail conditions.

The court rejected a conditional sentence, finding it would not adequately reflect denunciation and deterrence given the commercial nature of the offence and the offender's pro-social background.

The court granted a six-month Downes credit for the pre-trial house arrest conditions.

Parker was sentenced to three years net penitentiary.

The plaintiff sought substantial indemnity costs of $25,358.33 after successfully obtaining a summary judgment of $157,071.57.

The plaintiff had made a Rule 49 Offer to Settle for $120,000, which was less than the judgment amount.

The defendant made no offer to settle and refused mediation.

Despite the plaintiff's entitlement to substantial indemnity costs due to the Rule 49 offer, the court found the plaintiff's bill of costs excessive given the procedural simplicity of the matter, lack of factual disputes, and minimal time required.

The court fixed the plaintiff's costs at $6,500, inclusive of HST and disbursements.

The applicant sought a declaration determining a property line and an order for fence removal, arguing encroachment based on surveys.

The respondents contended the fence was on a historically agreed boundary and that the application was unsupported by evidence, affected a non-party (Green Point Campers’ Association - GPCA), and was statute-barred.

The court dismissed the application without prejudice, finding that GPCA, as the freehold owner, was a necessary party whose participation was crucial for a proper determination of the boundary dispute, and that the applicant was not qualified to represent GPCA's position or its conversion plans.

The Corporation of the Municipality of Greenstone sought declarations and permanent injunctions against the respondent for contravening its Zoning By-law, Property Standards By-law, and Clean Yards By-law on two properties.

The municipality alleged the properties were being used as an unlicensed salvage yard, accumulating derelict vehicles, debris, and waste, posing health and safety hazards.

The respondent did not appear at the hearing.

The court found clear and ongoing breaches of all by-laws and granted the requested declarations and permanent injunctions, ordering the respondent to bring the properties into compliance and pay costs.

The applicants sought the court's opinion on the validity of a handwritten, improperly executed codicil and whether the Thunder Bay Regional Health Sciences Foundation was the residuary beneficiary.

The court found the codicil valid under s. 21.1 of the Succession Law Reform Act, as it clearly expressed the testator's testamentary intentions.

Applying the cy-près doctrine and considering extrinsic evidence, the court determined that the Thunder Bay Regional Health Sciences Foundation was indeed the residuary beneficiary, as it was impracticable to identify the "service organizations" mentioned in the original will and the testator had an overriding charitable intent towards the hospital.