J. Freeman

In a bifurcated family law trial, the court determined issues of spousal support entitlement, income for support purposes, and a claim for a resulting trust over a property.

The court found the wife had an ongoing entitlement to spousal support.

The husband's income was imputed to include $30,000 annually in housing and other benefits provided by his wealthy father.

Finally, the court held that a property purchased by the father and placed in the names of the husband and wife was a gratuitous transfer.

The wife failed to rebut the presumption of resulting trust, and the property was declared to be held in trust for the father.

The accused was charged with nine offences, including robbery, aggravated assault, and possession of an imitation firearm, following a violent home invasion.

The Crown relied on circumstantial evidence, including the accused's possession of stolen property shortly after the robbery, cell phone records, and DNA evidence linking the victim's blood to a jacket found in the accused's bedroom.

The accused raised an alibi defence through his girlfriend's testimony.

The court rejected the alibi evidence as not credible and applied the doctrine of recent possession and the test for circumstantial evidence.

The court found the accused guilty on all counts, concluding he was a party to the common intention to commit the armed robbery and that the aggravated assault was objectively foreseeable.