Jennifer Lee

The defendant brought a motion to dismiss the action for delay, citing the plaintiff's failure to set the action down for trial since its commencement in 2015.

The court raised concerns about the plaintiff's potential disability, noting a prior temporary guardianship by the Public Guardian and Trustee (PGT) and a recent doctor's letter indicating the plaintiff's inability to self-represent due to complex health issues.

As the PGT was not served with the motion, as required by Rule 24.02 for plaintiffs under disability, the court declined to rule on the merits of the dismissal motion.

A case conference was ordered to address next steps, including PGT involvement and a potential recusal motion by the plaintiff.

The applicant, Textile City Inc., sought relief against forfeiture of a sublease after the respondent, Reliable Logistics, attempted to terminate it, alleging non-permitted retail use and other breaches.

The court found that Textile City Inc. had indeed breached the lease by operating a retail business from the office space, but that Reliable Logistics had not waived its right to forfeiture by accepting rent.

However, the court granted relief against forfeiture, finding that Reliable Logistics had acted in bad faith through a series of actions aimed at forcing Textile City Inc. to vacate, and that Textile City Inc.'s breach was modest and had ceased.

The court also addressed ancillary issues regarding additional rent, garbage bins, and signage.

The parties separated after a six-year marriage characterized by the applicant father's coercive control and family violence.

The father sought equal parenting time and sole decision-making for education and healthcare, while the respondent mother sought primary parenting time, joint decision-making, and spousal support.

The court found that the father's history of violence significantly impacted the mother and child, causing severe anxiety.

The court awarded the mother sole decision-making authority and primary parenting time, with the father receiving alternating weekends and conditional summer time.

The father was also ordered to pay full Table child support and spousal support at the high end of the range due to the economic consequences of his abusive conduct.