Jennifer Park

The Crown applied for an order permitting a witness (the former intimate partner of the accused) to testify via closed-circuit television (CCTV) from outside the courtroom and in the company of a support person in a trial for breach of a recognizance.

The accused opposed the application, arguing that the witness should testify in-person behind a privacy screen.

The court granted the Crown's application, finding that the witness would experience psychological and physiological distress if required to testify in the presence of the accused, and that CCTV and a support person would facilitate her ability to provide full and candid testimony.

The applicant moved for an order striking the respondent's pleadings, staying proceedings, or for security for costs due to alleged non-compliance with orders and unpaid costs.

The respondent brought a cross-motion seeking to vary child support, rescind arrears, obtain financial disclosure from the applicant, and prevent further motions without leave.

The court dismissed the applicant's motion to strike pleadings and for security for costs, finding that the respondent's failure to pay costs was due to a medical condition and that disclosure was largely forthcoming.

The respondent's motion for summary judgment on access was not dealt with, and his motion to reduce child support was adjourned.

The applicant father sought to change a 2012 consent order from joint custody to sole custody, to establish child support obligations for the respondent mother, and to establish a new access schedule following his relocation with the children to Saskatchewan.

The court found a material change in circumstances due to the father's employment-driven move to Saskatchewan and the mother's deteriorated health.

The court maintained the joint custody arrangement, finding both parents had meaningful contributions to offer the children.

The court imputed income to the mother based on her financial discrepancies and ordered her to pay child support of $467 per month commencing June 1, 2016.

The court established a detailed access schedule for the mother's visits with the children in Ontario and clarified transportation cost allocation between the parents.